Sunoco’s Mariner East 2 pipeline to carry natural gas through Pennsylvania is a public utility service with the ability to condemn property under eminent domain, the Commonwealth Court has ruled.

A split en banc panel held that the pipeline has both interstate and intrastate functions and is therefore subject to Public Utility Commission regulation, allowing Sunoco the power of eminent domain to carry out its plans. The court affirmed a trial court’s decision overruling the preliminary objections of six individuals whose land the company sought. The property includes about 4 acres of land.

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