Mountain Valley Pipeline, LLC v. 4.31 Acres of Land, Owned by James T. Chandler and Kathy E. Chandler et al

Filing 119

ORDER Granting Judgment and Vesting Title To Easements on MVP Parcel no VA-RO-060 and VA-RO-061. Clerk's Office to disburse funds accordingly. Signed by Judge Elizabeth K. Dillon on 06/07/2021. (sln)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
MOUNTAIN VALLEY PIPELINE, LLC,
Plaintiff,
v.
EASEMENTS TO CONSTRUCT, OPERATE,
AND MAINTAIN A NATURAL GAS
PIPELINE OVER TRACTS OF LAND IN
GILES COUNTY, CRAIG COUNTY,
MONTGOMERY COUNTY, ROANOKE
COUNTY, FRANKLIN COUNTY, AND
PITTSYLVANIA COUNTY, VIRGINIA,
et al.,
Defendants.

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Case No. 7:17-cv-00492

---------------------------------------------------------------MOUNTAIN VALLEY PIPELINE, LLC,
Plaintiff,
v.
4.31 ACRES OF LAND OWNED BY
JAMES T. CHANDLER and KATHY E.
CHANDLER, and 4.31 ACRES OF LAND
OWNED BY JAMES T. CHANDLER AND
KATHY E. CHANDLER,
Defendants.

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Case No. 7:19-cv-00679

ORDER GRANTING JUDGMENT AND VESTING TITLE TO
EASEMENTS ON MVP PARCEL NOS. VA-RO-060 AND VA-RO-061
On May 11-14, 2021, the Court held a jury trial on just compensation due defendants
James T. Chandler and Kathy E. Chandler (“Chandlers”) for the easements described in
paragraphs 140 and 141 of the complaint, as amended, on MVP Parcel Nos. VA-RO-060 and
VA-RO-061 (“Property”). MVP No. VA-RO-060 is located in Roanoke County, Virginia, and
described in deed recorded in Deed Book 1563, Page 800, and Deed Book 1563, Page 803, in the
land records of Roanoke County, Virginia, and identified as Tax Map Parcel 111.00-01-62.010000. MVP No. VA-R0-061 is located in Roanoke County, Virginia, and described in deed
recorded as Instrument No. 200519188, in the land records of Roanoke County, Virginia, and
identified as Tax Map Parcel 117.00-01-38.00-0000.
On October 13, 2017, the Federal Energy Regulatory Commission issued an order to
Mountain Valley Pipeline, LLC (“MVP”) to construct, maintain, and operate a natural gas
pipeline along a route that crosses the Property.
On October 24, 2017, MVP filed Case No. 7:17-cv-0492 to condemn easements on the
Property under Section 7 of the Natural Gas Act, 15 U.S.C. § 717f, as shown in the maps
attached as Exhibits 1 and 2 (“Easements”). The rights and privileges applicable to the
Easements are described in the complaint and in amendments to the complaint. See Docket Nos.
1, 724, 1380 in Case No. 7:17-cv-0492. A description of these rights and privileges is attached
as Exhibit 3. The amendments to the descriptions are attached as Exhibits 4 and 5.
On January 31, 2018, the Court issued a memorandum opinion and order granting MVP’s
motion for partial summary judgment and conditionally granting MVP’s motion for immediate
possession upon a determination of appropriate security. Dkt. Nos. 339, 340 in Case No. 7:172

cv-0492. Thereafter, the Court determined security and entered an order granting MVP
immediate possession of the easements. Dkt. No. 727 in Case No. 7:17-cv-0492.
On March 8, 2018, MVP filed a notice with a revised map on VA-RO-061. Dkt. No. 724
in 7:17-cv-0492.
On January 30, 2020, MVP amended the complaint to add property specific provisions
for crossings of the pipeline. Dkt. No. 1380 in Case No. 7:17-cv-0492.
On February 24, 2020, MVP amended the complaint to add Wells Fargo Bank as a
defendant as to MVP Parcel No. VA-RO-60. Dkt. No. 1406 in Case No. 7:17-cv-0492. Wells
Fargo Bank did not answer or appear in the case, and the Chandlers have advised the Court that
they do not owe any money to Wells Fargo Bank under its credit line deed of trust.
On May 7, 2021, MVP amended the complaint to correct the map on VA-RO-061. Dkt.
No. 1470 in Case No. 7:17-cv-0492.
At the conclusion of the evidence on May 14, 2021, the jury returned a verdict finding
that the Chandlers are entitled to just compensation in the amount of $430,000 for the Easements
on the Property. For the Easements on this Property, MVP has previously deposited $676,527
with the Clerk. The Clerk has placed this amount in an interest bearing account as directed by
the Court’s order of January 31, 2018. Dkt. No. 340 in 7:17-cv-0492. From the amount on
deposit and pursuant the memorandum opinion entered this same day (Dkt. No. 118 in Case No.
7:19-cv-00679), the Clerk shall pay $430,000 plus accrued interest on that amount to “James T.
Chandler and Kathy E. Chandler and Waldo & Lyle, their attorneys” and mail the payment to
Stephen M. Clarke, Esq., Waldo & Lyle, P.C., 301 West Freemason Street, Norfolk, Virginia
23510. This payment is in full satisfaction of the award and any interest on the award. The

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Clerk shall pay the balance of the deposit, $246,527, plus accrued interest on that amount to
Mountain Valley Pipeline, LLC, and mail the payment to Penn, Stuart & Eskridge, P.O. Box
2288, Abingdon, Virginia 24212.
Absolute and indefeasible title to the Easements is hereby vested in MVP and its
successors and assigns.
The Clerk of the Circuit Court of Roanoke County is requested to record this order in the
land records of the County and to appropriately index the order in the names of James T.
Chandler and Kathy E. Chandler, as grantors, and Mountain Valley Pipeline, LLC, as grantee.
Entered: June 7, 2021.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge

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