Mountain Valley Pipeline, LLC v. 8.37 Acres of Land, Owned by Frank H. Terry, Jr., John Coles Terry, III, and Elizabeth Lee Terry

Filing 49

MEMORANDUM OPINION AND ORDER granting 32 Motion in Limine. Signed by Judge Elizabeth K. Dillon on 03/31/2021.(sln)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
MOUNTAIN VALLEY PIPELINE, LLC,
Plaintiff,
v.
8.37 ACRES OF LAND, OWNED BY
FRANK H. TERRY, JR., et al.,
Defendants.

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Civil Action No. 7:20-cv-134
By: Elizabeth K. Dillon
United States District Judge

MEMORANDUM OPINION AND ORDER
Plaintiff Mountain Valley Pipeline (MVP) is constructing an interstate natural gas pipeline.
MVP commenced a condemnation action under the Natural Gas Act, 15 U.S.C. § 717 et seq., to
acquire a permanent easement and temporary easements on numerous properties, including this
property located in Roanoke County and owned by Frank Terry, John Coles Terry, and Elizabeth
Terry. On March 7, 2018, the court entered an order in the primary condemnation case, Mountain
Valley Pipeline LLC v. Easements to Construct, Case No. 7:17-cv-492 (W.D. Va.) (Dkt. No. 593),
granting MVP immediate possession of the easement on this property.
On August 26, 2020, the court issued an order addressing various pretrial motions and took
the portion of the motion for a jury view (Dkt. No. 32) under advisement. (Dkt. No. 37.) After
further review, the court notes that, while a jury view is not required by law, the court agrees that an
in-person jury view is helpful, where practicable, because the jury is to determine the just
compensation for the taking. Thus, the court will grant the motion for a jury view subject to the
conditions during the trial dates regarding logistics (including, but not limited to, access to the
property, weather, and transportation), security (including, but not limited to, the health and safety
of the jurors, parties, counsel, and court personnel), and time constraints. Should the court
determine that an in-person jury view is not practicable at the time of trial, then the parties will have

the opportunity to use photographs, or pre-recorded or live video.
For the reasons stated above, it is hereby that defendants’ motion in limine with regard to a
jury view (Dkt. No. 32), that was previously taken under advisement, is GRANTED subject to
conditions during the dates of trial.
Entered: March 31, 2021.

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

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