SABAL TRAIL TRANSMISSION LLC v. REAL ESTATE et al

Filing 76

ORDER vacating 75 Order on Motion for Disbursement of Funds and Order of disbursement. Ordered by US DISTRICT JUDGE CLAY D. LAND on 3/2/2023 (tlf).

Case 4:16-cv-00108-CDL Document 76 Filed 03/02/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
SABAL TRAIL TRANSMISSION, LLC,

*

Plaintiff,

*

vs.

*

1.27 ACRES OF LAND, MORE OR
LESS, IN MITCHELL COUNTY,
GEORGIA, et al.,

*

CASE NO. 4:16-CV-108 (CDL)

*

Defendants.

*
O R D E R

The Court issued an order granting disbursement of funds on
February 22, 2023 (ECF No. 75). That order contained a scrivener’s
error, so it is vacated and replaced with this order.
The Court previously found that the Natural Gas Act gave Sabal
Trail

Transmission,

Defendants’

LLC

property

and

easements was $2,700.

the

right

that

the

to

condemn

just

compensation

for

over
the

Sabal Trail deposited that amount, plus

interest, into the Court’s registry in 2017.
deposited was $2,927.84.

easements

The total amount

The Court instructed Defendants to apply

for a distribution of the award, and several individuals who claim
an interest in the property submitted information to the Court.
Order (Apr. 27, 2018), ECF No. 67.

As far as the Court could

determine based on the information presented, title to the property
remains in the Estate of Elijah Moore.

Id. at 5.

The Estate of

Case 4:16-cv-00108-CDL Document 76 Filed 03/02/23 Page 2 of 2

Elijah Moore had not been probated, and there was no administrator
of the estate, so the Court ordered that the just compensation
award remain in the Court’s registry to allow the Estate of Elijah
Moore to be administered and the heirs be determined by the Probate
Court.
Kim McArthur and John D. Wheeler have now been appointed coadministrators of the Estate of Elijah Moore, and they seek
disbursement of the just compensation award to the Estate of Elijah
Moore so it can be distributed among the heirs of Elijah Moore.
The Court hereby orders that the just compensation award funds,
plus any interest that accrued while the funds were held in the
Court’s registry, be disbursed to the Law Office of Lawton C.
Heard, Jr., as attorney for the co-administrators of the Estate of
Elijah Moore.

IT IS SO ORDERED, this 2nd day of March, 2023.
S/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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