Maritimes & Northeast Pipeline, L.L.C. v. Decoulos

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the plain language of the NGA does not impose a good faith negotiation requirement prior to the filing of a condemnation action
• condemnor has no legal duty to engage in good faith negotiations and need only show it was unable to reach agreement regarding compensation
• “Absent any credible authority making good faith negotiation a requirement precedent to the condemnation action, we decline the invitation to create one in this case.”
• “[o]nce a [certificate] is issued by the FERC ... the only issue before the district court in the ensuing eminent domain proceeding is the amount to be paid to the property owner as just compensation for the taking”
• noting split of authority and listing cases
• declining to impose a good faith requirement

Source: CourtListener parenthetical corpus (CC0).