“The county’s position is that Penn East is trying to use eminent domain for a private enterprise, not one that benefits the public,” the county says in a news release. “The county is also disputing that Penn East is offering fair market value for the easements and that attempting to acquire the title to the property rights prior to payment for compensation violates the separation of powers doctrine.”  

Read the Lehigh Valley Live article by Kurt Bresswein :

http://www.lehighvalleylive.com/northampton-county/index.ssf/2018/03/northampton_county_challenges.html