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66 Pa. Cons. Stat. § 1104

 Certain appropriations by right of eminent domain prohibited.

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§ 1104.  Certain appropriations by right of eminent domain prohibited.

Unless its power of eminent domain existed under prior law, no domestic public utility or foreign public utility authorized to do business in this Commonwealth shall exercise any power of eminent domain within this Commonwealth until it shall have received the certificate of public convenience required by section 1101 (relating to organization of public utilities and beginning of service).

 

Cross References.  Section 1104 is referred to in section 1511 of Title 15 (Corporations and Unincorporated Associations).

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1990–2021 · leading case: In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane,
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In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent and Temporary Rights of Way for the Transportation of Ethane, (2016) pacommwct · cites it 3× “Section 1104 of the Code, 66 Pa.C.S. § 1104, requires that a public utility must possess a certificate of public convenience (CPC) issued by PUC pursuant to Section 1101 of the Code, 66 Pa.”
Clean Air Council, M.M. deMarteleire and M.S. Bomstein v. Sunoco Pipeline, L.P. (2018) pacommwct · cites it 2× “See 66 Pa. C.S. § 1104. Counts V and VI plainly level a due process challenge to the validity and enforceability of the CPCs.”
In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. and K.M. Katz (2017) pacommwct · cites it 4× “Pursuant to Section 1104 of the Code, 66 Pa.C.S. § 1104, a public utility must also possess a certificate of public convenience (CPC) issued by the PUC pursuant to Section 1101 of the Code, 66 Pa.”
In re Condemnation of Springboro Area Water Authority of Property of Gillette (2006) pacommwct · cites it 2× “§ 1511; section 1104 of the Public Utility Code, 66 Pa.C.S. § 1104. Moreover, requiring, non-regulated entities to seek approval from the Board does not foreclose the ability to condemn ASA land; rather, the entity would merely have to comply with the general provisions of…”
C.A. Reuther and A.M. Diakatos v. Delaware County Bureau of Elections and C. Rossi (2017) pacommwct · cites it 2× “” With regard to a candidate filing a petition to appear on the ballot, Section 1104(b) of the Ethics Act, 66 Pa. C.S. § 1104(b), requires the filing of a SOFI.”
C.F. Hughes v. UGI Storage Co. (2020) pacommwct · cites it 3× “Section 1104 of the [Public Utility] Code, 66 Pa.C.S. § 1104, requires that a public utility must possess a [c]ertificate of [p]ublic [c]onvenience issued by [the] PUC .”
C. Hughes v. UGI Storage Company J. Albrecht, individually and o/b/o all others similarly situated v. UGI Storage Compan (2017) pacommwct “RES - 2 Unfortunately, in their state law argument plaintiffs/appellants do not cite Section 1104 of the Public Utility Code, 66 Pa. C.S. §1104. That Section provides that unless the power of eminent domain existed under prior law, “no domestic public utility … authorized to do…”
In Re: Condemnation by Sunoco Pipeline, L.P. -- Appeal of: R. Blume and D. Blume (2017) pacommwct “A CPC authorizes a public utility to begin to offer, render, furnish, or supply service and describes the nature of such service and the territory in which it may be offered.”
In Re: Condemnation By Sunoco Pipeline L.P. -- Appeal of: Perkins (2017) pacommwct “8 Under Section 1104 of the Code, 66 Pa. C.S. § 1104, in order to have the authority to exercise the power of eminent domain, a public utility must possess a CPC issued by the PUC pursuant to Section 1101 of the Code, 66 Pa.”
In Re: Condemnation by Sunoco Pipeline L.P. ~ Appeal of: E.S. Gerhart (2019) pacommwct “McCULLOUGH, Judge HONORABLE ELLEN CEISLER, Judge OPINION NOT REPORTED CONCURRING OPINION BY JUDGE McCULLOUGH FILED: May 8, 2019 I write separately to restate my continued belief that the underlying catalyst in this series of unfortunate events, the Mariner East Pipeline Project,…”
Crown Castle NG East LLC v. PUC, Aplt. (2020) pa “On November 19, 2015, the PUC granted a CPC to the neutral host DAS network operator SQF, LLC (SQF). However, two commissioners voted against issuing a CPC to SQF and filed statements explaining they concluded the PUC did not have jurisdiction to regulate or issue CPCs to DAS…”
In Re: Condemnation of Premises Owned by R.E. Powell, II ~ Appeal of R.E. Powell, II (2021) pacommwct “With respect to the third preliminary objection, Powell argues that even if AMED was a public utility and was able to use eminent domain to install electrical power lines, it would need to obtain a certificate of public convenience under 66 Pa.C.S. §1104. This is related to the…”
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— 66 Pa. Cons. Stat. § 1104(b) — 1 case
C.A. Reuther and A.M. Diakatos v. Delaware County Bureau of Elections and C. Rossi (2017) pacommwct “” With regard to a candidate filing a petition to appear on the ballot, Section 1104(b) of the Ethics Act, 66 Pa. C.S. § 1104(b), requires the filing of a SOFI.”
— 66 Pa. Cons. Stat. § 1104(d) — 1 case
C.A. Reuther and A.M. Diakatos v. Delaware County Bureau of Elections and C. Rossi (2017) pacommwct “” With regard to a candidate filing a petition to appear on the ballot, Section 1104(b) of the Ethics Act, 66 Pa. C.S. § 1104(b), requires the filing of a SOFI.”
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