Dominion Carolina Gas Transmission, LLC v. 0.944 Acres
United States District Court, D. South Carolina, Columbia Division
March 13, 2018
Dominion Energy Carolina Gas Transmission, LLC, Plaintiff,
v.
0.944 Acres, in Richland County, South Carolina located on Parcel R39100-02-03; WILLIE PATTERSON, JEAN STEWART PATTERSON, ERIC PATTERSON, TOYYA YVETTE AZIAN, CACH, LLC, LOVELESS COMMERCIAL CONTRACTING, INC., SOUTH CAROLINA COMMUNITY BANK, AND TD BANK, N.A., AS SUCCESSOR BY MERGER WITH CAROLINA FIRST BANK, Defendants.
ORDER AND OPINION
I.
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
This
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, FRCP, 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 lot of land together with
the improvements thereon, located in the lower township in
the County of Richland, State of South Carolina, containing
twenty five (25) acres of land, and being the Eastern half of
Fifty (50) acre tract being described in a plat for D.M.
Bynum by J.R. Seay, January 29, 1918, and filed in plat book
“C” as page 255 and also being described as
Parcel “B” on a plat prepared for Earnest
Patterson and Susan Patterson dated November 14, 1978, by
Claude R. McMillan, Jr., recorded in the Office of the RMC
for Richland County on June 17, 1980.
Said parcel being bounded on the North by land now or
formerly of Freeman whereon it measures Three Hundred
Ninety-six (396') feet; South by land now or formerly of
Bynum whereon it measures Three Hundred Ninety-six (396')
feet; East by land now or formerly of Bynum heirs whereon it
measures Two Thousand Seven Hundred Seventy-two (2772')
feet, be all measurements a little more or less.
TMS# R39100-02-03.
The
court has previously granted partial summary judgment as to
DCGT's right to condemn the requested easements over the
property (ECF No. 54). 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.
II.
ANALYSIS
This
matter was tried by the court on February 8, 2018. Sarah
Spruill appeared on behalf of DCGT. None of the Defendants
were present. Based on the evidence presented, the court
rules as follows:
I.
Easements
In its
Complaint (ECF No. 1), DCGT seeks easement interests in the
Property as shown on Exhibits E and F, which are incorporated
by reference herein. DCGT specified that the terms of the
easements shall be as follows:
To the extent Exhibit E 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. at ¶ 19.)
DCGT also seeks a Permanent Access Road Non-Exclusive
Easement and Right-Of-Way in Property-1, for the purpose, at
any time and from time to time, of surveying, clearing,
excavating, constructing, maintaining, inspecting, altering,
repairing, replacing and using a permanent roadway for
ingress and egress, to access and service pipeline
operations, including the transportation of any and all
equipment necessary or convenient for such operations as
shown on Exhibit F. DCGT shall have the right to cut and
remove trees, brush, rocks, and other obstructions within ...