Hardy Storage Company, LLC has filed a lawsuit against multiple property owners in Hardy and Hampshire Counties, West Virginia. The case, identified as 3:24-cv-00036-GMG, was filed on March 28, 2024, in the United States District Court for the Northern District of West Virginia. The suit revolves around Hardy's intention to acquire easements for the storage of natural gas.
The plaintiff, Hardy Storage Company, claims entitlement to acquire property rights necessary for underground natural gas storage operations under the Natural Gas Act and Federal Rule of Civil Procedure 71.1. The defendants are various landowners whose properties are located above the Hardy Storage Field.
The complaint details that Hardy already holds most of the property rights necessary to operate their storage field but needs to acquire the remaining balance to continue operations effectively. They seek permanent and exclusive easements for underground storage and protection of storage gas in their field.
Hardy is seeking judgment through condemnation because they have been unable to negotiate mutually agreeable terms with the landowners for these easements. The company has authorization from the Federal Energy Regulatory Commission (FERC) to acquire these property rights.