United States of America v. An Easement and Right-of-Way over 0.61 Acre of Land, More or Less, in Clay County, Mississippi et al

Filing 10

ORDER granting 4 Motion for Entry of an Order of Immediate Possession. Signed by District Judge Sharion Aycock on 2/7/2018. (psk)

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
CIVIL ACTION NO.: 1:17cv192-SA-DAS

AN EASEMENT AND RIGHT-OF-WAY
OVER 0.61 ACRE OF LAND,
MORE OR LESS, IN CLAY COUNTY,
MISSISSIPPI, and
ANNETTE SMITH MILLER,
TYRONE SMITH,
JOYCE SMITH ROGERS,
DENNIS SMITH,
STANLEY SMITH,

Defendants

ORDER OF POSSESSION
Pursuant to 40 U.S.C. §§ 3114-3118 (2012), which authorizes the Court “to give the
Government immediate possession of the [condemned] property,” United States v. Miller, 317
U.S. 369, 381 (1943), it is hereby ORDERED that the Tennessee Valley Authority, as agent of
the United States of America, be put into immediate possession of the property described in the
Declaration of Taking filed in this action 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 the
Defendant in such action surrender possession of said property to the Tennessee Valley
Authority accordingly.
DONE, this 7th day of February, 2018.
/s/ Sharion Aycock______
U.S. DISTRICT JUDGE