Sabal Trail Transmission, LLC v. 75.178 Acres of Land et al

Filing 18

ORDER granting 2 Motion for Partial Summary Judgment; granting 3 Motion for Preliminary Injunction. (See Order for details.) Signed by Judge James S. Moody, Jr on 5/25/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

SABAL TRAIL TRANSMISSION, LLC,
Plaintiff,
v.

Case No: 5:16-cv-243-Oc-37PRL

+/- 75.178 ACREA OF LAND (+/- 42.057
ACRES OF LAND IN MARION COUNTY
FLORIDA, +/- 20.411 ACRES OF LAND
IN CITRUS COUNTY, FLORIDA, AND
+/- 12.710 ACRES OF LAND IN LAKE
COUNTY, FLORIDA), SOUTHWEST
FLORIDA WATER MANAGEMENT
DISTRICT, A PUBLIC CORPORATION,
AND UNKOWN OWNERS, IF ANY,

Defendants.
________________________________/

ORDER
THIS CAUSE comes before the Court upon the Sabal Trail Transmission, LLC
(“Sabal Trail”) and Southwest Florida Water Management District’s (“SWFWMD”)
stipulation to partial summary judgment and preliminary injunction confirming Plaintiff’s
right to condemn the subject easements and immediate possession and stipulating to an
order granting Sabal Trail Transmission, LLC’s Motion for Partial Summary Judgment
Determining the Right to Condemn Easements (Doc. 2), and granting Sabal Trail’s Motion
for Preliminary Injunction for Immediate Possession pertaining to the property interests
FERC authorized Sabal Trail to condemn (Doc. 3).

(Doc. 14)

Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Sabal Trail’s Motion for Partial Summary Judgment Determining the Right

to Condemn Easements (Doc. 2) is GRANTED and Sabal Trail has the right to condemn
the subject easements as described in the Notice of Condemnation (Doc. 1-5) and made a
part hereof as through fully set forth herein.
2.

Sabal Trail’s Motion for Preliminary Injunction for Immediate Possession

(Doc. 3) is GRANTED and Sabal Trail shall have the right to possess and use the subject
easements.
3.

Sabal Trail may immediately access and possess the subject easements in

these matters for the purpose of constructing and operating the subject interstate natural gas
pipeline project and related facilities in accordance with the Certificate of Public
Convenience and Necessity (“FERC Certificate”) issued by the Federal Energy Regulatory
Commission (“FERC”) on February 2, 2016, in Docket No. CP15-17-000.
4.

For parcel FL-MA-041.000, known as the Halpata Tastanaki Preserve, Sabal

Trail shall employ the following construction methods:
a.

At crossing points identified by SWFWMD, Sabal Trail will design

and construct its pipeline facilities so that vehicles with a gross vehicle
weight of 120,000 lbs. may safely cross the pipeline facilities. Sabal Trail
shall obtain a report from an independent geotechnical consultant verifying
that Sabal Trail’s final construction plans for the pipeline facilities meet the
construction standards necessary to meet the specifications above.

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b.

Sabal Trail will replace the existing parking area at the main entrance

from Highway 200. The replacement location shall be adjacent to and west
of the existing parking area.
c.

The parties will coordinate a prescribed burn plan consistent with

SWFWMD’s land management practices and Sabal Trail’s permits.
d.

Sabal Trail shall provide thirty (30) days advance notice of the date

on which construction of the pipeline facilities will commence. Sabal Trail
shall coordinate all construction, maintenance, access closures and durations,
and monitoring activities with the District.
e.

Sabal Trail will take steps consistent with the FERC Certificate and

the ERP Permit conditions to prevent invasive species from becoming
established within the construction right of way.
f.

Sabal Trail shall stabilize, restore and revegetate the easement areas

with initial planting to quickly establish vegetation and control erosion
consistent with the FERC Certificate and ERP Permit conditions. Sabal Trail
shall coordinate in advance with SWFWMD for all revegetation efforts,
including selection of specific native plant species for groundcover
reseeding, timing of seed application, and management practices for
maintaining reseeded areas.
g.

Sabal Trail shall repair any and all actual physical damages including,

but not limited to, damages to access roads, banks, berms, levees, canals,
culverts, headwalls, water control structures, fences, gates, parking areas,
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recreational facilities, signage and any other improvements which arise from
constructing the pipeline facilities or utilization by Sabal Trail of the
property.
h.

Sabal Trail shall not cause or permit the disposal of any pollutants on

the property. Sabal Trail shall operate and occupy the property in compliance
with all applicable environmental laws.
5.

This Court shall retain jurisdiction to determine just compensation for the

subject easements; upon payment of compensation, render a judgment condemning the
subject easements; and render such additional orders as may be just and proper.
DONE and ORDERED in Tampa, Florida, this 25th day of May, 2016.

Copies furnished to:
Counsel/Parties of Record

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