Columbia Gas Transmission, LLC v. 466.19 Acres of Land, More or Less, in Cabell, Jackson, Mason, Putnam, Roane and Wirt Counties, West Virginia et al
Filing
217
MEMORANDUM OPINION AND ORDER pursuant to the hearing held 2/28/2018 and the record therein; and the companion cases currently pending before Judge Irene M. Keeley in the United States District Court for the Northern District of West Virginia (ECF Nos. 211 , 212 , 213 ); for the reasons discussed in Judge Keeley's memorandum opinion and order entered in the Northern District of West Virginia's companion cases on 2/21/2018, (see ECF Nos. 213-2, 213-3), granting Columbia Gas Tra nsmission, LLC's 6 , 118 MOTIONS for an Order of Condemnation and for Preliminary Injunction; Columbia may immediately access and possess the relevant easements after satisfying the conditions enumerated in Judge Keeley's opinion, (see ECF No. 213 -2 at 24-27; ECF No. 213 -3 at 24-27), except all deposits to be made with the Clerk of this Court; consistent with those conditions, the Court further ORDERS Columbia to deposit funds and a surety bond prior to accessing and taking possession of the properties. Signed by Judge Thomas E. Johnston on 3/5/2018. (cc: counsel of record; any unrepresented party) (taq)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
COLUMBIA GAS TRANSMISSION, LLC,
Plaintiffs,
v.
CIVIL ACTION NO. 2:18-cv-00044
466.19 ACRES OF LAND, MORE OR LESS,
IN CABELL, JACKSON, MASON, PUTNAM,
ROANE, AND WIRT COUNTIES, WEST VIRGINIA; et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Before the Court is Columbia Gas Transmission, LLC’s (“Columbia”) Motion for an Order
of Condemnation and for Preliminary Injunction filed in both of these two consolidated cases.
(ECF Nos. 6, 118.) The Court held a hearing on the motions on February 28, 2018, at which time
the Court made part of the record the exhibits, transcript, and resulting memorandum opinion and
order from a February 16, 2018, hearing in this action’s companion cases currently pending before
Judge Irene M. Keeley in the United States District Court for the Northern District of West
Virginia. (ECF Nos. 211, 212, 213.) Those companion cases involve the same natural gas
pipeline project at issue in this matter that the Federal Energy Regulatory Commission authorized
pursuant to a certificate of public convenience and necessity issued on December 29, 2017. (See
ECF No. 1-1.)
For the reasons discussed in Judge Keeley’s memorandum opinion and order entered in the
Northern District of West Virginia’s companion cases on February 21, 2018, (see ECF Nos. 213-
2, 213-3), this Court GRANTS Columbia’s Motion for an Order of Condemnation and for
Preliminary Injunction, (ECF Nos. 6, 118). Columbia may immediately access and possess the
relevant easements after satisfying the conditions enumerated in Judge Keeley’s opinion, (see ECF
No. 213-2 at 24–27; ECF No. 213-3 at 24–27), except all deposits shall be made with the Clerk of
this Court. Consistent with those conditions, the Court further ORDERS Columbia to deposit
funds and a surety bond prior to accessing and taking possession of the properties.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:
March 5, 2018
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