Mountain Valley Pipeline, LLC v. 0.30 Acres of Land, Owned by Gwendolyn F. Green Unknown Heirs and Assigns of the Following Laura Jones, Lizzie Jones, Jessie Jones, Annie Jones

CourtDistrict Court, W.D. Virginia
DecidedJanuary 11, 2024
Docket7:22-cv-00330
StatusUnknown

This text of Mountain Valley Pipeline, LLC v. 0.30 Acres of Land, Owned by Gwendolyn F. Green Unknown Heirs and Assigns of the Following Laura Jones, Lizzie Jones, Jessie Jones, Annie Jones (Mountain Valley Pipeline, LLC v. 0.30 Acres of Land, Owned by Gwendolyn F. Green Unknown Heirs and Assigns of the Following Laura Jones, Lizzie Jones, Jessie Jones, Annie Jones) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mountain Valley Pipeline, LLC v. 0.30 Acres of Land, Owned by Gwendolyn F. Green Unknown Heirs and Assigns of the Following Laura Jones, Lizzie Jones, Jessie Jones, Annie Jones, (W.D. Va. 2024).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:17-cv-492-EKD ) ) EASEMENTS TO CONSTRUCT, OPERATE, ) By: Elizabeth K. Dillon AND MAINTAIN A NATURAL GAS ) United States District Judge PIPELINE OVER TRACTS OF LAND IN ) GILES COUNTY, CRAIG COUNTY, ) MONTGOMERY COUNTY, ROANOKE ) COUNTY, FRANKLIN COUNTY, AND ) PITTSYLVANIA COUNTY, VIRGINIA, ) et al., ) ) Defendants. )

MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-313 ) ) 0.25 ACRES OF LAND, OWNED BY ROY ) DOWDY OR UNKNOWN HEIRS OR ) ASSIGNS OF ROY DOWDY, ) ) Defendants. ) MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-315 ) ) 0.24 ACRES OF LAND, OWNED BY ) TARTLE, LLC, ) ) Defendant. )

MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-316 ) ) 0.01 ACRES OF LAND, OWNED BY CORA ) LEE SMITH, RUBY J. SMITH, GENE E. ) SMITH, GENA D. REED, BETHANY A. ) SMITH, AND JOHN ERIK SMITH, ) ) Defendants. )

MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-333 ) ) 0.21 ACRES OF LAND, OWNED BY ) WILLIAM J. CORRELL AND NADINE ) E. CORRELL, et al., ) ) Defendants. ) MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-321 ) ) 3.05 ACRES OF LAND, OWNED BY ANN C. ) CLEMENTS AND MARY ARRINGTON ) CLEMENTS, ) ) Defendants. )

MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-323 ) ) 0.16 ACRES OF LAND, OWNED BY ) CHRISTINE JEANNETTE DAVIS, ) ) Defendant. )

MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-330 ) ) 0.30 ACRES OF LAND, OWNED BY ) GWENDOLYN F. GREEN UNKNOWN HEIRS ) AND ASSIGNS OF THE FOLLOWING ) LAURA JONES, LIZZIE JONES, JESSIE ) JONES, ANNIE JONES, ) ) Defendant. ) MOUNTAIN VALLEY PIPELINE, LLC, ) ) Plaintiff, ) ) ) v. ) Case No. 7:22-cv-335 ) ) 0.08 ACRES OF LAND, OWNED BY ) BARBARA SLOAN FITZGERALD, CHERYL ) FERGUSON, STEPHANIE L. WALDEN, ) ARETHA JO FITZGERALD, BARBARA A. ) FITZGERALD, JAMES FITZGERALD, RUBY ) FITZGERALD, LOIS MARIE FITZGERALD, ) BARBARA ANN FITZGERALD, CARABELL ) FITZGERALD, UNKNOWN HEIRS AND ) ASSIGNS OF FOREST FITZGERALD, ) MILDRED FITZGERALD, DOUGLAS ) FITZGERALD, DOUGLAS FIZGERALD, JOE ) LOUIS FITZGERALD, FOREST FITZGERALD, ) JR., et al., ) ) Defendants. )

MEMORANDUM OPINION 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 permanent and temporary easements on numerous properties. See generally Mountain Valley Pipeline LLC v. Easements to Construct, Civil Action No. 7:17-cv- 492 (W.D. Va.). Individual cases were subsequently opened as to many of the properties, including those additional cases listed above. For all of the properties and individual cases listed above, MVP has moved for summary judgment on the amount of just compensation against certain defendants who have not answered or otherwise defended (the Non-answering Defendants). (Case No. 7:17-cv-492, Dkt. No. 1639.) For the same basic reasons set forth in MVP’s supporting memorandum (Dkt. No. 1640), summarized herein, the court concludes that MVP is entitled to summary judgment against the Non-answering Defendants.1 Thus, the motion for summary judgment will be granted in each case and a separate order entered for each. I. BACKGROUND There are ten tracts of property (1 each in six of the above cases, and 2 each in two of the

above cases) for which no answer has been filed on behalf of one or more of the persons who MVP has identified as having an interest in the property. The time for responding under Rule 71.1(e), however, has expired. MVP’s supporting memorandum, which includes the sworn declaration of Hank Detherage (Dkt. No. 1640-1), reflects that each of the Non-answering Defendants was properly served by some appropriate method—publication, posting, service on the Secretary of the Commonwealth, or personal service—depending on the persons or entities with an interest in the properties. (See Mem. Supp. Mot. Summ. J. 5–9.) On January 31, 2018, the court issued a memorandum opinion and an order granting MVP’s motion for partial summary judgment and conditionally granting MVP’s motion for

immediate possession of the properties upon a determination of appropriate security. (Dkt. Nos. 339, 340.) Thereafter, based primarily on appraisals provided by MVP, the court set deposits and bonds for all of the tracts and granted MVP immediate possession effective upon its making the required deposit and posting the required bond. None of the Non-answering Defendants have drawn down any of these funds. For the values it offers as to just compensation, MVP relies on the opinions of the same appraisers who had appraised the properties in 2018 for purposes of determining deposits and bond amounts. Those appraisals include the rental value of any temporary easements taken, and

1 Citations to the relevant documents and other portions of the record, including appraisals, are contained within MVP’s supporting memorandum and are incorporated by reference herein. for rental periods, it includes values for both three-year and six-year periods. MVP’s appraisals also include any damages to the remainder of certain tracts caused by any permanent MVP easements. For some of the properties, subsequent developments meant that MVP did not actually need or use the temporary or permanent easements sought. MVP states that it is nonetheless

willing to pay the amount of just compensation for those easements as determined by its appraisers. II. DISCUSSION A. Summary Judgment Parties in condemnation proceedings may move for summary judgment pursuant to Rule 56 because Rule 71.1 does not provide otherwise. United States v. 8.929 Acres, 36 F.4th 240, 251–52 (4th Cir. 2022). Summary judgment should be granted if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A

material fact is one that “might affect the outcome of the suit under the governing law.” Spriggs v. Diamond Auto Glass, 242 F.3d 179, 183 (4th Cir. 2001) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). A dispute of material fact is “genuine” if sufficient evidence favoring the non-moving party exists for the trier of fact to return a verdict for that party. Anderson, 477 U.S. at 248–49. Summary judgment is appropriately granted in a condemnation case when there is no genuine issue of material fact regarding the fair market value of the property to be taken. See Equitrans, L.P. v. 0.56 Acres, No. 1:15-cv-106, 2016 WL 3982479, at *1 (N.D.W. Va. July 22, 2016) (“Several courts have granted summary judgment for plaintiffs in condemnation actions regarding the amount of just compensation owed where there was no genuine issue of material fact regarding the fair market value of the property to be taken.”) (collecting cases); MVP v. 1.89 Acres of Land (Briarwood), Civil Action No. 7:19-cv-00078, 2019 WL 6467833, at *3 (W.D. Va. Dec.

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Mountain Valley Pipeline, LLC v. 0.30 Acres of Land, Owned by Gwendolyn F. Green Unknown Heirs and Assigns of the Following Laura Jones, Lizzie Jones, Jessie Jones, Annie Jones, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountain-valley-pipeline-llc-v-030-acres-of-land-owned-by-gwendolyn-f-vawd-2024.