SABAL TRAIL TRANSMISSION LLC v. REAL ESTATE et al

Filing 44

ORDER granting 41 Motion for Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 08/21/2017. (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.,

*

Defendants.

CASE NO.
4:16-cv-119 (Estate of
Richard Alston & Bobbie
Alston et al.)

*

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. 41) and finds
that $9,400 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 Terrell County, Georgia.

According to

Sabal Trail, the property was part of the Estate of Richard and
Bobbie

Alston,

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.

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-119, 2016 WL 3248367, at *10, *17 (M.D. Ga. June 10,
2016), amended, No. 4:16-CV-119, 2016 WL 3251577 (M.D. Ga. June
10, 2016).
2016.

Pl.’s Notice of Posting Security Bonds, July 1, 2016, ECF

No. 31.
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

v. Easements and Rights–of–Way over 6 Acres of Land, 117 F.
App’x

422,

423

(6th

Cir.

2004));

2

accord

United

States

v.

33.92356

Acres

Of

Land,

585

F.3d

1,

9

(1st

Cir.

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 $9,400.00.
Summ. J. 2, ECF No. 41-1.

Pl.’s Mem. in Supp. of Mot. for
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.”

Fed. R. Civ. P. 56(a).

In this condemnation case,

Defendants have the “burden to prove, by a preponderance of the
evidence,

what

amount

constitutes

just

compensation.”

Acres of Land in Tennessee, 821 F.3d at 756.

1.72

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 Mike Everett, a certified
real property appraiser.

Everett Report, ECF No. 43 at 6-76.

Everett conducted an appraisal of the property and concluded

3

that the “before” value of the parcel as of July 1, 2016 was
$162,000

and

the

“after”

value,

taking

into

account

temporary and permanent easements, was $155,260.
Therefore,

according

to

Everett,

just

easements in this case is $6,740.00.

Id.

compensation
Id.

the

at 9.

for

the

For purposes of

summary judgment, however, Sabal Trail is willing to stipulate
that $9,400.00 is just compensation for the easements; that is
the amount of Sabal Trail’s final offer to the owners of the
property, several of whom accepted.
for Summ. J. 9, ECF No. 41-1.

Pl.’s Mem. in Supp. of Mot.

Again, Defendants did not present

any evidence on the issue of just compensation.
record

before

it,

the

Court

concludes

that

Based on the

$9,400

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

$9,400

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.

4

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:
 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

([e-mail]).

(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
None

of

the

Defendants

have

registered

for

electronic

filing through the Court’s electronic filing system and thus
will not receive electronic notice of this Order automatically.
The Clerk shall serve a copy of this Order via U.S. mail on each
of the Defendants listed in Appendix A to this Order.

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.

5

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.
on

Sabal

Trail’s

prior

representations,

the

search.
Based

appropriate

newspaper for publication of this notice is The Dawson News.
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.

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

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
Sabal Trail with legal title to the permanent and temporary
easements.

IT IS SO ORDERED, this 21st 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:
Corrick Alston
1559 Guardian Drive
Jacksonville, FL 32221
Day’Unna Alston
445 DE Short Road
Dawson, GA 39842
Dorothy Louise Alston
212 Johnson Street
Bronwood, GA 39826
Jarrett Alston
4160 New Hope Road
Dawson, GA 39842
King Alston
311 Flint Street
Bronwood, GA 39826
Marvin Alston
148 Killong Street
Bronwood, GA 39826
Melvin Gene Alston
2097 George Jennings Road
Bronwood, GA 39826
Richard Lee Alston, Jr.
2097 George Jennings Road
Bronwood, GA 39826
Wanda Dodson Alston
445 DE Short Road
Dawson, GA 39842
Willie James Alston
207 Oak Street
Dawson, GA 39826

8

Willie James Alston
207 Oak Street
Bronwood, GA 39826
Mae Ola Alston Barge Ra’Oof
100 Lakeside Trail
Fayetteville, GA 30214
Dorothy Alston Coleman
1421 George Jennings Road
Dawson, GA 39842
Vangela Hall
212 Pine Level Road
Americus, GA 31719
Teresa Alston Harris
8064 Sleepy Bay Boulevard
Navarre, FL 32566
Shabricca Jackson
2845 McLain Lane
Albany, GA 31707
Gabriel Johnson
837 Summit Drive, NE
Dawson, GA 39842
Labreka Morris
2122 Oxford Road
Albany, GA 31721
La’Sherra Alston Rogers
4160 New Hope Road
Dawson, GA 39842
Barbara Alston Sherman
1174 South Herod Road
Dawson, GA 39842
Barbara Alston Sherman
1174 Herod Hwy
Dawson, GA 39842

9

APPENDX B
The following Defendants may be served with a copy of this
Order by publication:
Bernece Alston
John Alston
Marvin Alston
Mary Alston
Valerie Alston
Shirley Armstrong
April Cannon a/k/a April Mobley
Estate of Richard Alston & Bobbie Alston
Tenesha Huckaby
Minni Mitchell

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