When two entities vested with the power of eminent domain clash over the use of a property, which entity prevails? The answer depends upon which entities authority is considered superior in the particular contest at hand. That superiority may flow from the relevant positions of the two entities within the governmental hierarchy, or it may flow from the specific statutory authority granted each entity.

The U.S. Supreme Court’s decision in PennEast Pipeline v. New Jersey, 141 S.Ct. 2244, 2251 (2021), which held that that a pipeline company with eminent domain power pursuant to the federal Natural Gas Act (NGA) could condemn land owned by the state of New Jersey, has drawn attention to the issue in recent months. In that case, the decision turned on the superior position of the pipeline company as a delegee of the federal government.

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