Alabama Dept. of Transp. v. LAND ENERGY
Decision Date | 06 February 2004 |
Citation | 886 So.2d 787 |
Parties | ALABAMA DEPARTMENT OF TRANSPORTATION v. LAND ENERGY, LTD. |
Court | Alabama Supreme Court |
Isaac P. Espy, deputy atty. gen., and Bradley M. Hale of Espy, Nettles, Scogin & Brantley, P.C., Tuscaloosa, for appellant.
Charles A. Hardin of Watson, deGraffenreid, Hardin & Tyra, LLP, Tuscaloosa; and Matthew H. Lembke and Scott Burnett Smith of Bradley Arant Rose & White, LLP, Birmingham, for appellee.
Fournier J. Gale III of Maynard, Cooper & Gale, P.C., Birmingham; and Edward A. "Ted" Hosp of Maynard, Cooper & Gale, P.C., Montgomery, for amici curiae Alabama Coal Association, Drummond Company, Inc., Alabama Power Company, Jim Walter Resources, Taft Coal & Associates, and U.S. Steel Mining Co., LLC, in support of the appellee.
Land Energy, Ltd. ("LE"), brought an inverse-condemnation action against the Alabama Department of Transportation ("ADOT").1 After court-ordered mediation was unsuccessful, the case proceeded to a jury trial. ADOT moved for judgment as a matter of law ("JML") at the close of LE's case and again at the close of all of the evidence. The trial judge denied both motions. The jury found ADOT liable for inverse condemnation and awarded LE $650,000 in compensatory damages; the court entered a judgment on the verdict. Pursuant to Rule 50, Ala.R.Civ.P., ADOT renewed its motion for a JML and moved, alternatively, for a new trial; LE responded to ADOT's motion, and also filed a motion to have the trial court take judicial notice of certain deeds in its chain of title to the condemned property. In an order entered November 8, 2002, the trial court declined to take judicial notice of the requested documents to the extent requested by LE and denied ADOT's renewed motion for a JML or for a new trial; that order stated, in pertinent part:
ADOT appeals. ADOT argues to this Court that it did not "take" LE's mineral estate, and, therefore, that its motion for a JML should have been granted, or, alternatively, that a new trial should be ordered because the trial court erred in various evidentiary rulings allowing or disallowing certain testimony or evidence. We affirm.
ADOT needed to acquire certain rights in various parcels of privately owned property to complete a highway project known as Corridor X, designed to link Birmingham, Alabama, and Memphis, Tennessee. The parcel involved in this case contains approximately 120 acres and is located in Marion County, Alabama. The "Pearce Estate" owned the surface of the land; LE, an investment group that owns property consisting of both surface land and mineral rights, owned the mineral estate to the 120 acres. LE's mineral estate, which the parties stipulated contains 374,000 tons of surface coal, is the subject of this dispute.
ADOT hired Dr. Henry McCarl, a licensed geologist and the owner of a geological consulting firm, to investigate whether the recovery of the coal contained within LE's mineral estate was economically feasible. Dr. McCarl went to the area, took measurements and studied data contained in various "drill logs," and then reported that there was coal under the surface but that it was not economically recoverable. Based on that report, ADOT elected to acquire only the surface rights to a portion of the property owned by the Pearce Estate, specifically the surface rights to 34.08 acres of the 120-acre tract, through a condemnation action filed September 23, 1999, forgoing any attempt to condemn LE's mineral estate. ADOT ultimately paid the Pearce Estate $31,000 for the condemned surface acreage. LE was aware of the proposed Corridor X, but did not know the route ADOT had planned for it. ADOT had obtained permission from Howard Graham, LE's property manager, some four or five years before the September 1999 condemnation action, "to go on" or "cross" the Pearce Estate's land to conduct core-drilling operations. ADOT never informed LE of the results of those drilling operations or that the condemnation action had been instituted. The first time LE became aware that Corridor X would cross a portion of the 120-acre tract was when Graham and John Oliver, an owner of LE, were touring the property in February 2000 and saw construction of the highway underway. LE then asked ADOT if it could get permission for a mining company to remove the coal on the property before the highway was completed. That request was refused.
The only disputed issues presented to the jury were whether by condemning the 34.08 acres ADOT had "taken" LE's coal reserves, i.e., (1) whether those reserves were economically recoverable, (2) whether the surface owner would have consented to surface mining, and, (3) if there was a taking, what compensation LE was due based on the value of those reserves.
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