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Dominion Carolina Gas Transmission, LLC v. 169 Acres, in Richland County
United States District Court, D. South Carolina, Columbia Division
January 8, 2018
Dominion Energy Carolina Gas Transmission, LLC, Plaintiff,
1.169 Acres, in Richland County, South Carolina located on Parcel R39100-02-05; ERIC N. MANN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ETTA N. MANN, EARL T. MANN, HERMAN DARRELL RICHARDSON, ARTHUR C. RICHARDSON, ROBERT RICHARDSON, ETHEL R. BOLDEN, LESTER E. RICHARDSON, LUCIEN V.P. RICHARDSON, JOHNELLA RICHARDSON, DEBORAH JEANNE RICHARDSON DAVIS, RUBYE LUCILLE RICHARDSON ALEXANDER, JACQUELINE LEANNA RICHARDSON WILLIAMS, DWAYNE MAURICE RICHARDSON, WALTER BUTLER, JR., KAREN PERRY-TOWNSEND N/K/A KAREN WHITE, JANET FARRELL, GARY WHITE, CHRISTOPHER WHITE, BERTHA RICHARDSON, CHARLES ROGERS RICHARDSON, ELIZABETH H. SIMON, AND JUDY H. GULLAX, And UNKNOWN OWNERS, Defendants.
ORDER AND OPINION
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
case arises from Dominion Energy Carolina Gas Transmission,
LLC's (“DCGT's”) exercise of its eminent
domain powers pursuant to the Natural Gas Act
(“NGA”), 15 U.S.C. § 717, et seq.
and the applicable Federal Energy Regulatory Commission
(“FERC”) Certificate order. DCGT brought this
action under the NGA and Rule 71.1, Fed. R. Civ. P., seeking
certain easements (“easements” or “Rights
of Way”) it requires in connection with its Eastover
pipeline project (“Project”) over property
described as follows (the “Property”):
All that certain piece, parcel or tract of land situate,
lying and being on the waters of the Wateree River, in the
County of Richland, State of South Carolina, being Tract
“B” on a plat of a part of lands allotted Emma J.
Bynum and Drury M. Bynum, being designated as Tract No. 13 on
a plat of J. B. Seay, dated December 17, 1915 and recorded in
the Office of the Register of Mesne Conveyance for Richland
County in Plat Book “C” at Page 205. The said
tract containing 37.5 acres is in shape a rectangle
parallelogram, measuring on its Northern and Southern sides
eight and three-tenths (8.3) chains and on its Eastern and
Western sides forty-two (42) chains; bounded North by Estate
of Braydon; East by Tract “C” on said plat; South
by lands of Wilson, et al.; and West by Tract “A”
on said plat.
Richland County TMS# R39100-02-05.
court has previously granted partial summary judgment as to
DCGT's right to condemn the requested easements over the
property (ECF No. 61). By way of this Order, the court hereby
grants the requested easements, determines just compensation,
and directs the Clerk of Court to disburse the deposited
funds as set forth herein.
matter was tried by the court on January 8, 2017. (ECF No.
94.) Sarah Spruill appeared on behalf of DCGT. Lucien
Richardson was the only landowner present. Based on the
evidence presented, the court rules as follows:
Amended Complaint, DCGT seeks easement interests in the
Property. (ECF No. 68.)
specified that the terms of the easement will be as follows:
To the extent Exhibit C shows a Permanent Easement, DCGT
seeks an easement or Right-of-Way to lay, construct, excavate
for, maintain, inspect, operate, protect, repair, renew,
remove, or replace a pipeline for the transportation of
natural gas, including any appurtenances (including but not
limited to metering facilities, regulating facilities, valve
facilities, fences, gates, concrete pads, cathodic
protection, etc. and any communications facilities incidental
thereto) necessary or desirable for regulatory compliance at
any time, together with the right of ingress and egress to
access said easement or Right-of-Way. To the extent Exhibit C
shows a Temporary Workspace Area or Additional Temporary
Workspace, DCGT seeks an easement for purposes of the
construction of the Project together with the right of
ingress and egress to access said easement. The requested
temporary easement shall terminate upon the completion of the
Project or such earlier date as determined by DCGT.
(ECF No. 67 at ¶ 14).
on the evidence presented at the trial of this matter, the
Project has been completed and was put in service on November
10, 2016. Thus, the Temporary Easements will be deemed
terminated at such time as all work required by the FERC
Certificate order is completed.
the court grants the requested Permanent Easement. Within the
“50' Wide DCGT Easement Area, ” DCGT and its
successors, affiliates, agents, and assigns will have the
right to lay, construct, excavate for, maintain, inspect,
operate, protect, repair, renew, remove, or replace a
pipeline for the transportation of natural gas, including any
appurtenances (including but not limited to metering
facilities, regulating facilities, valve facilities, fences,
gates, concrete pads, cathodic protection, etc. and any
communications facilities incidental thereto) necessary or
desirable for regulatory compliance at any time, together
with the right of ingress and egress to access said easement
or Right-of-Way. No. present or future landowner may
interfere with ...