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.,

CASE NO.
4:16-cv-125 (Estate Of Willie
C. Walker, Jr. & Josephine
Walker, 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. 41) and finds
that $382.00 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 Webster County, Georgia.

According to

Sabal Trail, the property was part of the Estate Of Willie C.
Walker,

Jr.

&

Josephine

Walker,

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.”
ECF No. 1.

Compl. ¶ 5,

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 *12-*13, *18 (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. 35.
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 $382.00.
J. 2, ECF No. 41-1.

Pl.’s Mem. in Supp. of Mot. for Summ.

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

compensation:

the

did

present

expert

evidence

report

certified real property appraiser.
at 6-148.

of

J.

on

the

Carl

issue

Schultz,

of

just

Jr.,

a

Schultz Report, ECF No. 43

Schultz conducted an appraisal of the property and

3

concluded that the “before” value of the parcel as of July 1,
2016 was $89,400.00 and the “after” value, taking into account
the temporary and permanent easements, was $89,018.00.
9.

Id. at

Therefore, according to Schultz, just compensation for the

easements in this case is $382.00.

Id.

Again, Defendants did

not present any evidence on the issue of just compensation.
Based

on

the

evidence

before

it,

the

Court

concludes

that

$382.00 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 $382.00 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:
 The applicant’s
any).

name,

address,

4

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.
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 Stewart-Webster

5

Journal.

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

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:
Arthur Battle, Jr.
GDC ID: 0000972325
Jenkins Correctional Center
3404 Kent Farm Drive
Millen, GA 30442
Bryan Battle
102 Shadow Pond Road
Dublin, GA 31021
Bryan Battle
902 Treecrest Pkwy
Decatur GA 30035
Tanesha Battle
3108 Snapfinger Court
Decatur, GA 30034
Deborah Bolton
857 Glynn Oaks Drive
Clarkston, GA 30021
W.C., a minor c/o Regina Walker
457 Mount Vista Road
Stone Mountain, GA 30087
Jermaine Davis
3050 Garnet Way
Atlanta, GA 30349
Anthony Flannigan
301 Eastwyck Circle
Decatur, GA 30032
Darnell Flannigan
1402 Almont Drive
Atlanta, GA 30310
Gregory Flannigan
195 Wright Street
Lavonia, GA 30553

8

Teressa W. Johnson
195 Wright Street
Lavonia, GA 30553
Malik Silas
457 Mount Vista Road
Stone Mountain, GA 30087
Lee Owen Walker, Jr.
4237 Ridgetop Trail
Ellenwood, GA 30294
Paul Walker
115 Walden Walk Drive
Stone Mountain, GA 30088
Regina Walker
457 Mount Vista Road
Stone Mountain, GA 30087
Tommie Walker, II
1528 Brantley Court, NW
Atlanta, GA 30314
Tommie Walker, III
2421 Wingfield Drive
Austell, GA 30106
Tony Walker
115 Walden Walk Drive
Stone Mountain, GA 30088
Travis Walker
115 Walden Walk Drive
Stone Mountain, GA 30088
Joseph Yancey
1600 Van Vleck Avenue
Atlanta, GA 30316

9

APPENDX B
The following Defendants may be served with a copy of this
Order by publication:
Kelvin Battle
Iris Davis
Sebrina Davis
Senoia Davis
Estate Of Willie C. Walker, Jr. & Josephine Walker
Candace Flannigan
Sherrice Flannigan
Steven Jones
Angel Silas
Michael Silas
Leon Walker
Tomekia Zachary

10