United States of America upon the relation and for the use of the Tennessee Valley Authority v. An Easement and Right-of-Way over 0.47 acres of land, more or less, in Oktibbeha County, Mississippi et al

Filing 9

JUDGMENT. CASE CLOSED. Signed by District Judge Debra M. Brown on 12/5/17. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
UNITED STATES OF AMERICA upon
the relation and for the use of the
TENNESSEE VALLEY AUTHORITY
V.

PLAINTIFF

NO. 1:17-CV-117-DMB-DAS

AN EASEMENT AND RIGHT-OF-WAY
OVER .47 ACRES OF LAND, MORE OR
LESS, IN OKTIBBEHA COUNTY,
MISSISSIPPI and J PERRY
PROPERTIES, LLC

DEFENDANTS

JUDGMENT
IT IS, ORDERED AND ADJUDGED that:
1.

Defendant J Perry Properties, LLC, shall recover from Plaintiff $12,000 as the

full and final amount of just compensation for the taking of the easement and right-of-way
condemned in this action, which amount has been deposited by Plaintiff with the registry of
this Court and the disbursement of which is provided for in paragraph 2 below.
2.

The Clerk of this Court is authorized and directed to draw a check on the funds on

deposit in the registry of this Court in the amount of $12,000, plus any accrued interest thereon
less any applicable registry fee, payable to “J Perry Properties, LLC” in full satisfaction of this
Judgment, and to mail said check to J Perry Properties, LLC, c/o Jason Perry at 703 Greensboro
Street, Starkville, Mississippi 39759.
3.

Plaintiff is granted immediate possession of the condemned property and is hereby

put into immediate possession of the property described below in Paragraph 4 to the extent
necessary to permit the Tennessee Valley Authority to carry on any of its operations described in

the pleadings filed herein, and that Defendant surrenders possession of said property to the
Tennessee Valley Authority.
4.

The vesting of title in the United States of America, free of all liens, claims, and

encumbrances, as evidenced by the Declaration of Taking filed in this action on August 4, 2017
(Doc. No. 2), is hereby fully and finally confirmed with respect to the easement and right-of-way
described below, said description being the same as in Attachment 1 to the Declaration of Taking
filed herein (Doc. No. 2-1):
A permanent easement and right-of-way, consisting of the perpetual right to enter
and to erect, maintain, repair, rebuild, operate, and patrol lines of transmission line
structures with sufficient wires and cables for electric power circuits and
communication circuits, and all necessary appurtenances, in, on, over, and across
said right-of-way, together with the perpetual right to clear said right-of-way and
keep the same clear of structures (including but not limited to flagpoles, solar
panels, buildings, signboards, billboards), trees, brush, stored personal property,
and fire hazards, to destroy or otherwise dispose of such trees and brush; to prevent
the drilling or sinking of wells within the right-of-way; and to remove, destroy, or
otherwise dispose of any trees located beyond the limits of said right-of-way which
in falling could come within five feet of any transmission line structure or conductor
located thereon, the Tennessee Valley Authority to remain liable for any direct
physical damage to the land and annual growing crops resulting directly from the
operations of the construction and maintenance forces of its agents and employees
in the erection and maintenance of or in exercising a right of ingress and egress to
said transmission line structures, all upon, under, over, and across the followingdescribed land:
TRACT NO. SPHTB-14
A parcel of land located in Section 14, Township 18 North, Range 13 East, of
Oktibbeha County, State of Mississippi, as shown on a map entitled “StarkvillePhiladelphia 161kV Transmission Line Tap to Bluefield,” drawing LW-5579, sheet
5B, R.0, a reduced scale copy of which is attached to the Declaration of Taking
filed herein, the said parcel being more particularly described as follows:
Commencing at the northwest corner of Section 14, Township 18 North, Range 13
East and the northeast corner of Section 15, Township 18 North, Range 13 East;
thence leaving said corner and with the line of Section 14, Township 18 North,
Range 13 East and the east line of Section 15, Township 18 North, Range 13 East
S. 00°18' 00" E., 600.22 feet to a found iron pin, said point being a property corner
common between the lands of J Perry Properties, LLC and David Severn Kleban,
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said point being 15.72 feet left of survey station 136 + 75.05, said point being the
point of beginning.
Thence from the point of beginning with the property line common between the
lands of J Perry Properties, LLC and David Severn Kleban and with the said section
line N. 00° 18' 00" W., 34.28 feet to a point in the north right-of-way line of the
said location; thence leaving said point and with the said right-of-way line N. 89°
41' 30" E., 625.55 feet to a point, said point being in the road northwest right-ofway line of the land of Oktibbeha County Mississippi (New Hope Church Road);
thence leaving said point and with the said road right-of-way S. 24° 09' 00" W.,
35.41 feet to a point, said point being the property corner common between the
lands of New Hope Baptist Church and J Perry Properties, LLC, 17.26 feet left of
survey station 142+85.94; thence leaving said point and with the property line
common between the lands of New Hope Baptist Church and J Perry Properties,
LLC, S. 89° 30' 00" W., 610.90 feet to the point of the beginning and containing
0.47 acre, more or less.
Furthermore, the above-described easement rights are acquired with respect to such
appurtenant right, title, and interest as the owner of the above described land may
have in Tract SPHTB-15, Oktibbeha, County Mississippi (New Hope Church
Road), the adjoining road right-of-way shown on the map referenced above.
The above-described parcel of land is lying entirely in the northwest 1/4 of Section
14, Township 18 North, Range 13 East of Oktibbeha County, State of Mississippi.
5.

The Clerk of this Court shall furnish to Plaintiff a certified copy of this Judgment

which shall serve as a muniment of title.
SO ORDERED, this 5th day of December, 2017.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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