SABAL TRAIL TRANSMISSION LLC v. REAL ESTATE et al
Filing
44
ORDER granting 40 Motion for Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 08/17/2017. (CCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
SABAL TRAIL TRANSMISSION, LLC,
Plaintiff,
*
*
vs.
*
REAL ESTATE et al.,
CASE NO.
4:16-cv-108 (Estate of Elijah
Moore et al.)
*
Defendants.
*
O R D E R
Presently pending before the Court is Plaintiff Sabal Trail
Transmission, LLC’s summary judgment motion on the issue of just
compensation in this condemnation action.
As discussed below,
the Court grants Sabal Trail’s motion (ECF No. 40) and finds
that $2,700.00 is just compensation for the easements.
I.
Background
Plaintiff
Sabal
Trail
Transmission,
LLC
received
authorization from the Federal Energy Regulatory Commission to
build an interstate natural gas pipeline.
Sabal Trail brought
this
Natural
condemnation
action
under
the
Gas
Act,
15 U.S.C. §§ 717-717z, seeking permanent and temporary easements
over one tract of land in Mitchell County, Georgia.
According
to Sabal Trail, the property was part of the Estate of Elijah
Moore, and Sabal Trail named as Defendants in this action the
Estate and individuals “known to have or claim an interest in
the
Property
from
which
easements
and
associated
rights
are
sought to be condemned.”
Compl. ¶ 5, ECF No. 1.
Sabal Trail
also named as a Defendant the United States of America because
the Internal Revenue Service recorded a tax lien on the property
for
the
liability
of
Defendant
Elijah
Wheeler.
Id.
Each
Defendant was served personally with notice of this action in
accordance with Federal Rule of Civil Procedure 71.1(d)(3)(A) or
by
publication
in
accordance
with
Federal
Rule
of
Civil
Procedure 71.1(d)(3)(B).
On June 10, 2016, the Court concluded that Sabal Trail was
entitled to possession of the easements it sought once it posted
a security bond.
Sabal Trail Transmission, LLC v. Estate, No.
4:16-CV-108, 2016 WL 3248367, at *7, *15 (M.D. Ga. June 10,
2016), amended, No. 4:16-CV-108, 2016 WL 3251577 (M.D. Ga. June
10, 2016).
2016.
Pl.’s Notice of Posting Security Bonds, July 1, 2016, ECF
No. 30.
II.
Sabal Trail posted the security bond on July 1,
The only remaining issue is just compensation.
Discussion
Just
compensation
means
“the
fair
market
value
of
the
property on the date of the taking.” United States ex rel.TVA v.
1.72 Acres of Land in Tenn., 821 F.3d 742, 756 (6th Cir. 2016)
(citing United States v. Miller, 317 U.S. 369, 373–74 (1943)).
In a partial takings case like this one, just compensation “is
the difference in fair market value of the whole tract before
and after the taking.”
Id. (quoting United States ex rel. TVA
2
v. Easements and Rights–of–Way over 6 Acres of Land, 117 F.
App’x
422,
33.92356
423
Acres
(6th
Of
Cir.
Land,
2004));
585
accord
F.3d
1,
9
United
(1st
States
Cir.
v.
2009)
(collecting cases); United States v. 68.94 Acres of Land, More
or Less, Situate in Kent Cty., State of Del., 918 F.2d 389, 393
(3d Cir. 1990).
Generally, “market or comparable sales data
. . . is the best evidence of market value.”
1.72 Acres of Land
in Tenn., 821 F.3d at 757.
Sabal Trail argues that just compensation for the easements
in this case is $2,700.00.
40-1.
Pl.’s Mot. for Summ. J. 2, ECF No.
Summary judgment may be granted only “if the movant shows
that there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Civ. P. 56(a).
“burden
to
In this condemnation case, Defendants have the
prove,
by
a
preponderance
amount constitutes just compensation.”
Tennessee,
821
Fed. R.
F.3d
at
756.
of
the
evidence,
what
1.72 Acres of Land in
Defendants
were
entitled
to
“present evidence on the amount of compensation to be paid.”
Fed. R. Civ. P. 71.1(e)(3).
None of the Defendants responded to
Sabal Trail’s summary judgment motion or presented any evidence
on what amount constitutes just compensation for the easements.
Sabal
Trail
did
present
evidence
on
the
issue
of
just
compensation: the expert report of Zac Ryan, a certified real
property appraiser.
Ryan Report, ECF No. 42 at 6-103.
3
Ryan
conducted an appraisal of the property and concluded that the
“before” value of the parcel as of July 1, 2016 was $425,000 and
the
“after”
permanent
value,
taking
easements,
was
into
account
$422,300.
Id.
the
at
temporary
8.
and
Therefore,
according to Ryan, just compensation for the easements in this
case is $2,700.00.
evidence
on
the
Id.
issue
Again, Defendants did not present any
of
just
compensation.
Based
on
the
evidence before it, the Court concludes that $2,700 is just
compensation for the easements in this case.
III. Payment of Compensation by Sabal Trail
Application for Obtaining Disbursement
and
Claimant’s
Within twenty-eight days of the date of this Order, Sabal
Trail
shall
pay
into
the
registry
of
the
Court
$2,700
plus
prejudgment interest from the date of the taking (July 1, 2016),
which shall be calculated at a legal rate of interest of seven
percent per annum simple interest.
Once this amount is paid
into the registry of the Court, the security bond previously
posted by Sabal Trail shall be released.
Defendants may apply to the Court for distribution of the
award in accordance with their respective ownership interests.
Defendants may apply for a distribution of the award by sending
an application to the Clerk of Court, P.O. Box 124, Columbus GA
31902.
The Clerk shall docket each application electronically.
The application should include:
4
The applicant’s
any).
name,
address,
and
email
address
(if
The applicant’s claimed interest in the property and the
basis for that claim.
Proof of the applicant’s interest in the property.
Applications
must
be
postmarked
by
December
1,
2017.
Any
questions regarding the application process should be directed
to
the
Clerk’s
office
via
telephone
(columbus.ecf@gamd.uscourts.gov).
(706-649-7816)
or
email
If multiple applications are
received, the Court will schedule a hearing to determine how the
proceeds should be distributed.
IV.
Providing Notice to Defendants
With the exception of the United States of America, none of
the Defendants have registered for electronic filing through the
Court’s
electronic
filing
system
and
thus
will
electronic notice of this Order automatically.
serve
a
copy
of
this
Order
via
U.S.
mail
not
receive
The Clerk shall
on
each
Defendants listed in Appendix A to this Order.
of
the
And, within
seven days of the date of this Order, Sabal Trail shall mail a
copy
of
this
Order
to
any
Defendant
who
is
not
listed
in
Appendix A but whose address is known to Sabal Trail.
Sabal Trail shall also assist the Court with service of
this Order by publication on those Defendants whom Sabal Trail
represents
could
not
be
located
despite
a
diligent
Those Defendants are listed in Appendix B to this Order.
5
search.
Based
on
Sabal
Trail’s
newspaper
for
Enterprise.
prior
publication
representations,
the
of
is
this
notice
appropriate
The
Camilla
Within twenty-eight days of the date of this Order,
Sabal Trail shall:
1. Prepare
to the
notice
Federal
for the Clerk of Court’s signature a cover letter
publisher providing instructions for publishing the
in accordance with the requirements set forth in
Rule of Civil Procedure 71.1(d)(3)(B).1
2. Provide to the Clerk a check made out to the publisher for
the cost of publishing the notice; and
3. Prepare and submit to the Clerk a proposed notice to be
published.
Once
Sabal
Trail
provides
the
cover
letter,
check,
and
proposed notice to the Clerk, the Clerk shall submit these items
to the publisher and cause publication of the notice.
The Clerk
shall note on the docket when this task is complete.
Once
publication is complete, Sabal Trail shall obtain and submit to
the Court via CM/ECF a publisher’s affidavit demonstrating that
the notice was published.
V.
Legal Title to Easements
After Sabal Trail pays into the registry of the Court the
amount
stated
above
and
files
the
publisher’s
affidavit
demonstrating that notice of this Order was published, Sabal
Trail shall submit to the Court a proposed final order vesting
1
The Court recognizes that Rule 71.1(d)(3)(B) provides the procedure
for service of an initial condemnation notice by publication.
The
Court finds that this procedure should be used to notify Defendants
who could not be located of the just compensation award and the
process for applying for a share of the award.
6
Sabal Trail with legal title to the permanent and temporary
easements.
IT IS SO ORDERED, this 17th day of August, 2017.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
7
APPENDIX A
The Clerk shall serve a copy of this Order via U.S. mail on
each of the following Defendants:
Beverly Davila
14890 Faversham Circle
Orlando, FL 32826
Alonzo Hill, Jr.
606 Vera Street
Daytona Beach, FL 32114
Catherine B. Moore
1053 Continental Drive
Daytona Beach, FL 32117
Herman Leon Moore, Jr.
1117 Jarecki Avenue
Holly Hills, FL 32117
Jerri Lin Moore
1053 Continental Drive
Daytona Beach, FL 32117
Nationwide Mutual Fire Insurance Co.
c/o Corporation Service Company Registered Agent
40 Technology Pkwy South, #300
Norcross, GA 30092
Nationwide Mutual Fire Insurance Co.
c/o Candace Boutwell Boutwell & Associates, LLC
2280 Satellite Boulevard Building B
Duluth, GA 30097
Manuel Nenez
7102 Old GA Hwy 3
Camilla, GA 31730
Alfonzo Wheeler
135 Miller Street, SW
Baconton, GA 31716
Bettye Jean Wheeler
8977 Honeysuckle Road
Baconton, GA 31716
8
Ciscero Wheeler
384 East Gate Circle
Norman Park, GA 31771
Ciscero Wheeler
268 Shady Grove Rd
Moultrie, GA 31768
Elijah N. Wheeler
135 SW Miller Street
Baconton, GA 31716
John Dean Wheeler
GDC ID: 0000912656
Dooly State Prison
P.O. Box 750
Unadilla, GA 31091
Johnnie Coleman Wheeler
1967 Charleston House Way
Apartment 2106
Holly Hill, FL 32117
Lillian M. Williams
418 Fletcher Avenue
Daytona Beach, FL 32114
9
APPENDX B
The following Defendants may be served with a copy of this
Order by publication:
Alvin C. Dent
Lucious Dent
Estate Of Elijah Moore
Martha Moore Hill
Myrtle McIntyre
Cora Moore
Dorothy Moore
Hubert Moore
Terry Jerome Moore
Thelma Dent Morrison
Joe Dean Wheeler
Ronald Wheeler
10
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