United States of America upon the relation and for the use of the Tennessee Valley Authority v. Baskin

Filing 10

ORDER granting 8 Motion for Entry of an Investment Order and Order of Possession. Signed by Judge S. Thomas Anderson on 11/30/11. (Anderson, S.)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
________________________________________________________________________
UNITED STATES OF AMERICA upon the
relation and for the use of the TENNESSEE
VALLEY AUTHORITY,

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)
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Plaintiff,
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v.
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No. 11-cv-2826-STA-tmp
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AN EASEMENT AND RIGHT-OF-WAY
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OVER 4.47 ACRES OF LAND, MORE OR
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LESS, IN TIPTON COUNTY, TENNESSEE,
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and PEGGY A. BASKIN,
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Defendants.
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________________________________________________________________________
ORDER GRANTING MOTION FOR ENTRY OF AN INVESTMENT ORDER
AND ORDER OF POSSESSION
________________________________________________________________________

Before the Court is Plaintiff’s Motion for Entry of an Investment Order and an
Order of Possession (D.E. # 8), filed September 26, 2011. For the following reasons,
Plaintiff’s Motions are GRANTED.
As to Plaintiff’s Motion for Entry of an Investment Order, Plaintiff indicates that
it sent a $13,500 United States Treasury check by overnight delivery via Federal Express
to the Clerk of Court on September 22, 2011. Plaintiff has received confirmation from
Federal Express that the $13,500 check has been delivered to the Clerk of Court.
Plaintiff estimates this amount to be just and liberal compensation for the easement and
right-of-way acquired in this condemnation action. (D.E. # 6.) The Court directs the
Clerk of Court to invest the funds in an interest-bearing account pending further orders

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from the Court. Therefore, Plaintiff’s Motion for Entry of an Investment Order is
GRANTED.
As to Plaintiff’s Motion for Entry of an Order of Possession, the Court finds that
Plaintiff has complied with the requirements of 16 U.S.C. §§ 831-831ee and 16 U.S.C. §
831(c)(i), which provide that the Declaration of Taking Act applies to condemnation
cases brought under the TVA Act. The Declaration of Taking Act requires Plaintiff to
file a Notice of Condemnation, a Complaint, a Declaration of Taking, and tender
estimated just compensation to the Court.1 The Court finds that Plaintiff’s Declaration of
Taking has satisfied the requirements of 40 U.S.C. § 3114(a).
Plaintiff requests immediate possession of the permanent easement and right-ofway so that it can proceed with the construction of a transmission line which is necessary
to provide reliable electric service to the residents of Tipton County, Tennessee. Plaintiff
requests limited easement rights, and the owner of the underlying property has the
continuing right to use the land within that right-of-way for purposes which do not
interfere with Plaintiff’s easement rights. Pursuant to 40 U.S.C. § 3114(b),
“on filing the declaration of taking and depositing in the court, to the use
of the persons entitled to the compensation, the amount of the estimated
compensation stated in the declaration, (1) title to the estate or interest
specified in the declaration vests in the Government; (2) the land is
condemned and taken for the use of the Government; and (3) the right to
just compensation for the land vests in the persons entitled to
compensation.”

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See 40 U.S.C. § 3114(a).

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Therefore, Plaintiff’s Motion for Entry of an Order of Possession is GRANTED,
and Plaintiff shall have immediate possession of a permanent easement and right of way
as described in the Complaint, Notice of Condemnation, and Tract Description.2
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE
Date: November 30th, 2011.

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The issue of whether $13,500 is in fact just compensation for this taking is not yet before the

Court.

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