Hughes v. UGI Storage Company; Albrecht v. UGI Storage Company

Summary

The Pennsylvania Supreme Court considers consolidated appeals concerning whether UGI Storage Company may be liable for an alleged de facto taking under Pennsylvania’s inverse-condemnation statute. The Court addresses whether an entity must possess eminent-domain authority specific to the property at issue, as opposed to general condemnation authority, and discusses the effect of UGI’s federal certification and proposed buffer zone around the Meeker natural-gas storage field. The excerpt reflects the Court’s review of the underlying pleadings, preliminary objections, and procedural history.

Holdings

1. A public or quasi-public entity need not possess a property-specific power of eminent domain in order to implicate inverse-condemnation principles under Pennsylvania's Eminent Domain Code.
2. The Commonwealth Court's order was vacated and the matter was remanded for further proceedings addressing the common pleas court's alternative disposition based on the landowners' purported waiver or failure to present evidence at an evidentiary hearing.

Questions Presented

1. Whether a public or quasi-public entity must possess eminent-domain authority specifically applicable to the affected property to be subject to an inverse-condemnation or de facto-taking claim under Pennsylvania's Eminent Domain Code.
2. Whether the Commonwealth Court should address the common pleas court's alternative determination that the landowners waived or failed to establish their entitlement to an evidentiary hearing.

Disposition

vacated