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Private eminent domain power

Arentz Family v. PSEG Renewable Transmission

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
PSEG, a private transmission developer without delegated eminent-domain power (the power to take land for public use), sued Maryland landowners who refused to let it survey their properties; a court order allowed entry, and the Fourth Circuit upheld it.
What's at stake
Whether PSEG may enter these landowners’ properties for surveys before receiving state authority remains unresolved.

Summary: written with AI from the case record.

What it's about

The landowners have asked the Supreme Court whether a court may let a private company exercise that power before the state grants it.

The dispute began after Maryland landowners refused to let PSEG survey their properties. A court order allowed entry, and the Fourth Circuit upheld it.

Maryland law permits people acting for the state, or entities with the power to take land for public use, to enter property for studies and surveys.

Question presented

Whether a preliminary injunction may be used to allow a private party to exercise sovereign eminent domain powers before it has been delegated that authority?

What happens next

The Court must decide whether to hear the case. No oral argument or decision date is set.

Documents

1

Docket activity

5
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Nov 4, 2026 · Court records

Sources

Primary materials from the Court and the parties. Grounded in docket records and cited sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings