Mountain Valley Pipeline, L.L.C. v. An Easement to Construct, Operate and Maintain a 42-Inch Gas Transmission Line Across Properties in the Counties of Nicholas, Greenbrier, Monroe, Summers, Braxton, Harrison, Lewis, Webster, and Wetzel, WV et al
ORDER pursuant to the 4 MOTION by Mountain Valley Pipeline, LLC for Partial Summary Judgment and Immediate Access to Survey the Easements Condemned; granting the motion to the extent that it seeks access to the properties of the Survey Land owners that have not already been surveyed by agreement of the parties, and for the limited purposes described in the quoted portion of paragraph nine of the motion, stated herein, and associated staking; the activities authorized by this order are not to be construed as permitting the cutting or felling of trees or any other similar activity that interferes with the property rights of the Survey Landowners; MVP is further directed to proceed with the posting of bond as set forth in its motion. Signed by Judge John T. Copenhaver, Jr. on 1/12/2018. (cc: counsel of record; any unrepresented parties) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
MOUNTAIN VALLEY PIPELINE, LLC,
Civil Action No. 2:17-cv-04214
AN EASEMENT TO CONSTRUCT,
OPERATE AND MAINTAIN A 42-INCH
GAS TRANSMISSION LINE ACROSS
PROPERTIES IN THE COUNTIES OF
NICHOLAS, GREENBRIER, MONROE,
and SUMMERS, WEST VIRGINIA, et
MEMORANDUM OPINION AND ORDER
Pending is plaintiff Mountain Valley Pipeline, LLC’s
(“MVP”) motion, filed October 27, 2017, entitled “Motion for
Partial Summary Judgment and Immediate Access to Survey the
The court addresses the motion at this
time only insofar as it seeks immediate access to survey the
easements condemned with respect to the properties of those
referred to in the motion as “Survey Landowners” to the extent
they are located in the Counties of Nicholas, Greenbrier,
Monroe, and Summers, West Virginia, and have not already been
surveyed by agreement of the parties.
By the court’s order of
December 27, 2017, responses to this motion, if any, were to be
filed by December 29, 2017, to which replies, if any, were to be
filed by January 5, 2018.
No responses were filed, and the
motion is ripe for disposition.
In its motion, the movant specifically requests
“access by January 15, 2018 . . . for purposes of surveying and
identifying any protected species, wetlands, streams, or
cultural resources that would require adjusting the construction
(Survey Mot. at 5, ¶ 9.)
In light of MVP’s unopposed assertion that granting
its motion “is in the public interest and will not affect the
Survey Landowners’ rights to receive just compensation,” and
that “[d]elaying MVP’s access . . . will cause irreparable harm
to the public, to MVP, and to its customers,” (id. at 2), the
court so finds and adds that the likelihood of success on the
merits of the survey request is substantial and the likelihood
of harm to the Survey Landowners by granting that relief is
It is, accordingly, ORDERED that MVP’s motion be, and
hereby is, granted to the extent that it seeks access to the
properties of the Survey Landowners that have not already been
surveyed by agreement of the parties, and for the limited
purposes described in the quoted portion of paragraph nine of
the motion, stated above, and associated staking.
activities authorized by this order are not to be construed as
certain events must occur:
Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
permitting the cutting or fellingL.R.trees or any other similar
prejudice pursuant to of Civ. P. 7.1 (a)).
02/08/2016 that interferesRule 26(f)property rights of the Survey
Last day for with the meeting.
Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
Scheduling conference to proceed at the posting
MVP is further directedat 4:30 p.m.withthe Robert C.of
Byrd United States Courthouse in Charleston, before
bond as setthe undersigned, unless canceled. Lead counsel
forth in its motion.
directed to appear.
Entry of scheduling to forward copies of this
The Clerk is directedorder.
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
written opinion to all counsel of record and to any
The Clerk is requested to transmit this Order and
Notice to all counsel of record and to any unrepresented
ENTER: January 12, 2018
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge
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