Sabal Trail Transmission, LLC v. 1.55 Acres of Land in Lake County Florida et al

Filing 43

ORDER setting parameters regarding compensation and valuation issues (with directions to Sabal Trail to make every effort to notify landowners), (parties' report due 8/10/2016). See Order for details. Signed by Judge Timothy J. Corrigan on 6/29/2016. (JHC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

SABAL TRAIL TRANSMISSION, LLC,
Plaintiff,
vs.
+/- 1.55 ACRES OF LAND IN LAKE COUNTY,
FLORIDA, REJER INVESTMENT CO., AND
UNKNOWN OWNERS, IF ANY, et al.,
Defendants.

Case Nos:

5:16-cv-155-Oc-39PRL
5:16-cv-160-Oc-34PRL *
5:16-cv-162-Oc-39PRL
5:16-cv-170-Oc-32PRL
5:16-cv-173-Oc-32PRL
5:16-cv-176-Oc-39PRL
5:16-cv-180-Oc-39PRL
5:16-cv-185-Oc-34PRL
5:16-cv-187-Oc-34PRL
5:16-cv-189-Oc-32PRL
5:16-cv-199-Oc-32PRL
5:16-cv-201-Oc-39PRL
5:16-cv-202-Oc-34PRL
5:16-cv-203-Oc-39PRL
5:16-cv-207-Oc-32PRL
5:16-cv-221-Oc-34PRL
5:16-cv-227-Oc-32PRL
5:16-cv-243-Oc-39PRL
/
ORDER

Now that the Court has adjudicated the easement and access phase of these
cases, the Court turns to the valuation phase, where the landowners are to receive

*

To save space, the number but not the style of the remaining cases are listed.
1

appropriate compensation for their easements. With respect to the cases pending in the
Jacksonville Division, both sides requested until August 10, 2016 to advise the Court how
they intend to proceed, and the Court granted that request. The Court has determined to
set the same deadline for those cases pending in the Ocala Division that are assigned to
Jacksonville Division judges. 1
Nevertheless, the Court wishes to set some parameters for the valuation phase.
First, the Court will require Sabal Trail to do everything possible to notify all landowners
of their right to be heard on the compensation issue. Those landowners who were served
but chose not to appear during the first phase, as well as those who were unable to be
found, may nevertheless wish to participate in the compensation phase and should be
given every opportunity to do so.
Second, though Sabal Trail has already had its expert value the easement rights
of each landowner, the landowners have not yet had an opportunity to have their
easement rights valued by their own expert, who may have a different opinion of value.
Thus, the Court expresses no opinion on the value of the landowners’ easement rights.
Third, as was described to the Court at the May 25, 2016 hearing in the
Jacksonville Division, whether Sabal Trail, as the condemning entity, is responsible for
the reasonable attorneys’ fees and costs (including expert costs) of the landowners is
potentially a significant issue that may affect how the landowners choose to proceed in
the compensation phase. If asked to do so, the Court is prepared to decide that issue
before proceeding further.

1

This Order does not apply to cases assigned to Judge Moody or another nonJacksonville Division judge.
2

Finally, the Court has made no determination as to which entity – a jury, a
Commission, or the Court – will decide the valuation and compensation issues, and will
await briefing from the parties at the appropriate time before making that decision.
In the meantime, the Court will stand down until it receives a report from the parties
on or before August 10, 2016. The parties are relieved of their case management
responsibilities until that time. The Court encourages all parties to confer in an effort to
reach an agreement on which cases can be settled, and if not, which mechanism to use
in trying cases – whether by jury, bench trial, or commission. In light of the above, for
those parties that have already filed a case management report, the Court requests that
they file either an amended case management report or other appropriate filing on or
before August 10, 2016.
DONE AND ORDERED at Jacksonville, Florida this 29th day of June, 2016.

lc 19
Copies:
Honorable Marcia Morales Howard
Honorable Brian J. Davis
Honorable Harvey E. Schlesinger
Honorable Henry Lee Adams
Counsel of record

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