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The Eminent Domain Process is Broken

4/11/2016

 
Federal marshals with automatic weapons and bullet proof vests, sheriff deputies dispatched to "keep people safe," state troopers there in support... Something terrible must be happening in Pennsylvania's forests. Something terrible is happening and it's not just in the forests; large corporations are taking lands owned by Pennsylvanians, and the federal marshals, sheriff deputies, state troopers and the courts are being dispatched to help them do it.

The Nazi occupation of his native Hungary, the Communist "liberation," and the brutal Soviet suppression of the Hungarian Revolution in 1956 were evils that Stephen Gerhart, 85, had to endure when he was young. Who could blame him for thinking that the darker times he'd lived through were over when he moved to Pennsylvania in 1957?

Who could blame Gerhart if he thought that he would quietly live out the rest of his days in the wooded hills of Huntingdon County, on land that he and his wife Ellen had lived on for the last 34 years, in the forest they had pledged to protect by signing up for the Forest Stewardship Program when they bought the property in 1982?

Who could blame him for thinking he was living a nightmare when, on March 28th of this year, Stephen had to endure one more brutality at the hands of "the state" -- a chain saw crew ripping apart the woodlands that he and Ellen had looked after for all these decades?

This atrocity came about after Huntingdon County President Judge George N. Zanic ruled that Sunoco Logistics, a subsidiary of Energy Transfer Corporation (ETC), was a public utility and could condemn, via eminent domain, a 3 acre right-of-way through the Gerhart property to run the Mariner East 2 pipeline.
The seizure of private lands so that pipelines can be constructed is a troubling phenomenon that has wracked several communities in Pennsylvania over the last several weeks.

In early March, Williams Partners, recently acquired by ETC, unleashed a chainsaw crew on North Harford Maple, a family owned sugar bush near New Milford. U.S. District Court Judge Malachy E. Mannion had earlier ruled that Williams Partners was a public utility and allowed them to seize a 125 foot right of way through the heart of the producing trees to lay the Constitution pipeline. North Harford Maple is owned by Cathy Holleran and the Holleran family had derived a significant income from maple products produced on the property.

Neither the Gerharts nor the Hollerans wanted the pipelines to pass through their properties. Both families were offered compensation, the Gerharts were offered $100,000 for the 3 acre right-of-way. In both cases, it was not about the money; there was a desire to retain something money cannot buy.

In the Holleran's case, it was a life sustaining business and magnificent old maples. For the Gerharts, it was the beauty of the forest and the wild things that inhabit it. For Williams Partners and Sunoco Logistics, it was all about taking what was not theirs.

Eminent domain has its roots in antiquity, when all lands belonged to a sovereign. In the United States, the Constitution limits the power of eminent domain to condemnations "for the public good" and required "just compensation."

Both the Mariner East 2 and the Constitution pipelines are projects of multi-billion dollars corporations. Their aim is profit and the public good for their projects is debatable. What's not debatable is that neither the Gerharts nor Hollerans have received any compensation, let alone a just compensation as the Fifth Amendment to the Constitution dictates.

A just compensation would take the Holleran's business into consideration. A just compensation would take 34 years of nurturing the land into consideration. Of course, a pipeline presents a whole other wrinkle to eminent domain. With pipelines, you get compensated once but you continue to pay taxes on a piece of property that remains "yours" but you cannot develop. You also may not be able to get homeowners insurance due to the presence of the pipeline on your property.

Susquehanna County
On March second, with the sap flowing, seven federal marshals armed with automatic weapons and clad in bulletproof vests and a contingent of state police arrived at the Holleran property in Susquehanna County to protect the chain saw crew from the demonstrably nonviolent Holleran family and friends who were there to witness and document the destruction. The Constitution pipeline has not been approved in New York, so its completion is not certain, yet Williams Partners chose to move forward with the cutting anyway. With the family looking on, completion of the cutting was completed on March fourth. A visibly shaken Megan Holleran, a family member and field technician for North Harford Maple said, “I have no words for how heartbroken I am. We've been preparing for this for years, but watching the trees fall was harder than I ever imagined.”
Shortly afterward, Williams Partners announced that it was ceasing work on the pipeline for 6 months. When Megan Holleran heard this news she said, “It proves that I was right when I said it was completely unnecessary for them to do this at this time. It’s proof of how stupid it was that they came out and cut our trees already.”

Huntingdon County
On March twenty-eighth, county sheriff deputies and state police arrived at the Gerhart property to protect the chain saw crew. Judge Zanik, ignoring the fact that the pipeline has not yet been permitted in Pennsylvania, and that Sunoco misrepresented the character of the Gerharts' property (the wetlands were more extensive, by a factor of 7, than what was indicated on Sunoco Logistics' map), gave permission for tree cutting to begin.

The Gerharts, like the Hollerans, had assembled friends to witness and document the destruction. However, the Gerhart property also had three tree sitters: people perched high in trees or suspended between trees, to act as both a physical barrier to the crews and as protectors for the trees. The sheriff, proclaiming all the time that he was there to protect the safety of all involved, nonetheless permitted the chain saw crew to engage in reckless behavior that endangered those in the trees and arrested several people, including one individual that was not in the right of way. Those arrested were charged with indirect civil contempt and had bail set at $100,000. They also faced up to 6 months in jail.
​

The eminent domain process is broken. It allows wealthy interests to steal property from others. It may be legal, but it is not right. The courts may sanction it, but there is no justice in it.
Having lived through the Nazis, the Hungarian Communists, and the Soviets, Stephen Gerhart knows a little something about injustice. In a letter to Judge Zanik, Gerhart wrote, " It is unjust to give them [Sunoco Logistics] the right of eminent domain so that they can trample on the rights of the people of Pennsylvania."

Michael Bagdes-Canning


Violence In the Sugar Bush

3/2/2016

 
(Note: Michael wrote this blog before the "violence" actually took place.  The tree-cutting began on March 1.  According to Ted Glick [tedglick.com]: "The Constitution Pipeline Company, aka Williams Partners, came in force onto the Holleran family land in New Milford, Pa. yesterday. Federal marshals armed with assault rifles accompanied workers armed with chain saws across the open field up to where the woods began. Talk about overkill. Talk about exposing the ugly truth of how things really work in the gas industry...")

"Each time we seek the path of privileges or benefits for a few, to the detriment of the good of all, the life of society becomes a fertile soil for corruption, bringing suffering...”  --  Pope Francis in Mexico, February, 2016

I had the privilege of spending a couple days in New Milford, Pennsylvania on the Holleran-Zeffer property - home to North Harford Maple, a family owned business, owned by the Holleran-Zeffer family, that produces maple products including syrup and maple sugar. On the days that I was there, sap was running and they were making syrup. I was there to help protect the trees.

New Milford is in Susquehanna County, northeastern Pennsylvania.  It is heavily fracked and there are a number of wells near the sugar bush, which is a stand of maple trees used for making syrup. On March 17th of 2015, a federal judge condemned a 150 foot wide swath of land across the property via eminent domain so that Cabot Oil & Gas and Williams Partners, LLC could build the Constitution Pipeline.  This swath is home to most of the trees tapped by North Harford Maple.

Sap runs when nighttime temperatures are below freezing and daytime temperatures are above freezing.  This usually happens between February and April. A tree has to be, at a minimum, twelve inches in diameter before it can be safely tapped; a tree this large is usually 40 to 50 years old.
FERC, the Federal Energy Regulatory Commission, gave permission for Williams to begin clearing trees but stipulated that it had to be done by March 31 to protect migratory birds and bats. This coincides with prime syrup making season. If the trees are cut, North Harford Maple will not be able to survive. 

This whole process is problematic.

The idea that a private company can take land via eminent domain so it can make a profit while, at the same time, running roughshod over a landowner, ruining their business, and cutting productive trees during the prime season seems to run counter to our Constitution, which states that private property will only be taken for public use and, even then, only after just compensation (5th Amendment). The Holleran-Zeffer family has received no compensation, yet chainsaws are at the ready and it's unlikely that any public use of the right of way will ever happen - the right of way is for the use of Williams Partners.

The Constitution Pipeline hasn't even been approved yet - it's been awaiting permitting from the State of New York for over 2 years. Therefore, the cutting of the trees seems a bit premature, not to mention the irreparable harm such action will cause.

Worst of all, the judge recently ordered the Holleran-Zeffer family not to get closer than 300 feet to the cut zone or face an $11,000 fine for contempt of court. The family's home is just outside that zone so, effectively, they are not even permitted to be in their own backyard.
​
I spoke with Megan Holleran. She asked us to contact our local representatives to complain about this taking. She asked us to contact Governor Wolf and Attorney General Kane. She also asked us to contact Governor Cuomo of New York. Ask them to halt the madness, stop the Constitution Pipeline, honor and protect the property rights of local people.  Today it is the Holleran-Zeffers; tomorrow, it might be you...

-- Michael Bagdes-Canning

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