JORDAN HYDROELECTRIC LIMITED PARTNERSHIP v. MCCOY, et al

Filing 15

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 1/12/2010, that Plaintiff's summary judgment motion (pldg. # 11 ) be granted as filed and that a default judgment of condemnation be entered. (Lloyd, Donna)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

JORDAN HYDROELECTRIC LIMITED PARTNERSHIP, Plaintiff, v. PAUL B. MCCOY and BARBARA C. MCCOY, Defendants.

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1 :09CV288

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE On October 7, 2009, Plaintiff Jordan Hydroelectric Limited Partnership filed a motion for summary judgment against Defendants Paul B. McCoy and wife Barbara C. McCoy. The pro se Defendants have not responded to the summary judgment motion, and the time for response has run. See LR56.1(d). Review of the summary judgment motion shows that Plaintiff has by competent evidence shown that just compensation for the easement claimed by Plaintiff is $6,300. Further, as entry of default was entered against Defendants on July 8, 2009, Plaintiff is entitled to a judgment condemning a perpetual easement and right-of-way over, upon, across and under the property identified in the complaint to construct a transmission line consisting of one or more wires attached to poles for the purpose of transmitting electric power.

Defendants have not opposed the summary judgment motion or presented evidence to challenge the asserted just compensation of $6,300. Accordingly, IT IS RECOMMENDED that Plaintiff's summary judgment motion be granted as filed and that a default judgment of condemnation be entered.

/s/ P. Trevor Sharp United States Magistrate Judge Date: January 12, 2010

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