SABAL TRAIL TRANSMISSION LLC v. REAL ESTATE et al

Filing 51

ORDER for disbursement of funds. Ordered by US DISTRICT JUDGE CLAY D LAND on 04/02/2018. (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-00119 (Alston Estate)

*
*
O R D E R

The Federal Energy Regulatory Commission (“FERC”) granted a
certificate

of

public

convenience

and

necessity

(“FERC

Certificate”) to Plaintiff Sabal Trail Transmission, LLC. The
FERC Certificate authorized Sabal Trail to construct and operate
an

interstate

natural

gas

pipeline.

Based

on

the

FERC

Certificate, the Court found that the Natural Gas Act gave Sabal
Trail the right to condemn easements over Defendants’ property.
Sabal Trail Transmission, LLC v. Real Estate, No. 4:16-CV-97,
2016 WL 3248367, at *5 (M.D. Ga. June 10, 2016) (also available
at ECF No. 27), amended, No. 4:16-CV-97, 2016 WL 3251577 (M.D.
Ga. June 10, 2016) (also available at ECF No. 28).

The Court

also found that just compensation for the easements at issue in
this case is $9,400.00.

Sabal Trail Transmission, LLC v. Real

Estate, No. 4:16-CV-119, 2017 WL 3599164, at *2 (M.D. Ga. Aug.
21, 2017) (also available at ECF No. 44).

Sabal Trail deposited

that amount, plus interest from the date of the taking (July 1,
2016), into the Court’s registry on August 29, 2017.

The Court

instructed Defendants to apply for a distribution of the award.1
In accordance with the Court’s instructions, Defendant Mae
Ola Alston Ra’Oof submitted an application on behalf of herself
and all of the other heirs of the estate of Richard Alston and
Bobbie Alston.

Ra’Oof attached a copy of the warranty deed,

which demonstrates that each of the following individuals holds
a 10% interest in the property: Richard Lee Alston, Jr., Willie
James

Alston,

King

Alston,

Marvin

Alston,

Dorothy

Alston

Coleman, Barbara Alston Sherman, Mae Ola Alston Ra’Oof, Melvin
Gene Alston, Garfield Alston (now deceased), and Rufus Alston
(now deceased) (collectively, the “Applicants”).

See generally

Notice of Application to Receive Proceeds Attach. 1, Warranty
Deed, ECF No. 47-1.

Based on this evidence, the Court finds

that the proceeds should be disbursed to the Applicants.
The Applicants asked the Court release the proceeds “made
payable to the Richard Alston Estate for distribution to the
1

Shortly after the Court granted summary judgment on the issue of just
compensation but before the claimants’ application deadline, the Court
received notice that the United States Court of Appeals for the
District of Columbia Circuit had vacated Sabal Trail’s FERC
Certificate. Sierra Club v. Fed. Energy Regulatory Comm’n, 867 F.3d
1357 (D.C. Cir. 2017).
The issuance of the mandate was withheld
through March 26, 2018.
The Court stayed distribution of the
compensation award until that matter was resolved. The issue has now
been resolved: FERC issued Sabal Trail a reinstated FERC Certificate.
Notice of Issuance of Mandate Ex. A, Reinstated Certificate (Mar. 14,
2018), ECF No. 144 in 4:16-cv-97.
Accordingly, the Court can order
disbursement of the funds.

2

remaining
estates.”
47.

eight

siblings

and

to

the

two

deceased

siblings’

Notice of Application to Receive Proceeds 2, ECF No.

This request is granted.

The Clerk shall coordinate with

Mae Ola Alston Ra’Oof ([e-mail]; 100 Hawthorne Dr.,
Fayetteville,

GA

30214)

regarding

the

logistics

of

this

disbursement.
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 2nd day of April, 2018.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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