Transcon. Gas Pipe Line Co. v. 6.04 Acres

• Decision Date: 06 December 2018
• Docket Number: No. 16-17503,16-17503
• Citation: 910 F.3d 1130
• Parties: TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, Plaintiff-Appellee, v. 6.04 ACRES, MORE OR LESS, OVER PARCEL(S) OF LAND OF APPROXIMATELY 1.21 ACRES, MORE OR LESS, SITUATED IN LAND LOT 1049, et al., Defendant, Gail Brandon Cochran, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 80 Acres More or Less, in Land Lot 74 of the Sixteenth (16th) Land District, Third (3rd) Section of Bartow County, Georgia and More Particularly Described Herein, et al., Defendants, Various Defendants, Defendants-Appellants. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 4.57 Acres More or Less, Over the Following Parcel(s) of Land: 0.25 Acres, More or Less, Situated in Land Lot 37 and 3.70 Acres, More or Less Situated in Land Lot 28 All in the Sixth (6th) District of the Third (3rd) Section of Gordon County, Georgia and More Particularly Described Herein, et al., Defendants, Legacy Properties of Northwest Georgia, LLC, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 5.73 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 102.593 Acres, More or Less, Being in Land Lots 1075, 1076, 1077, 1084, and 1085 of the 3rd District, 3rd Section of Paulding County, Georgia and Further Less and Except 1 Acre, More or Less, Situated in Land Lot 1085 of the 3rd District, 3rd Section of Paulding County, Georgia, and Further Less and Except Tract 1: 1 Acre, More or Less, and Tract 2: 0.775 Acres, More or Less, Situated in Land Lot 1075 of the 3rd District, 3rd Section of Paulding County, Georgia and More Particularly Described Herein, et al., Defendants, Nancy H. Tibbitts, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 1.90 Acres, More or Less, Over Parcel(s) of Land of Approximately 10.013 Acres, More or Less, Situated in Land Lot 69, of the Fourth (4th) Land District, of Coweta County, Georgia, and More Particularly Described Herein, et al., Defendants, Donald J. Morris, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 2.16 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 80 Acres, More or Less, Being the West Half of Land Lot 31, of the Sixth (6th) Land District and Third (3rd) Section of Gordon County, Georgia, Less and Except 3.828 Acres, More or Less, Situated in Land Lot 31 of the Sixth (6th) Land District and Third (3rd) Section of Gordon County and More Particularly Described Herein; et al., Defendants, Melvin M. Dobson, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. A Permanent Roadway Easement Across 23.511 Acres Situated in Land Lots 64 And 81 of the 3rd District and 3rd Section of Paulding County, Georgia and More Particularly Described Herein, Defendant, Jeff Moon, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 2.77 Acres, More or Less, Over Parcel(s) of Land of Approx. 38.7225 Acres, More or Less, Situated in Land Lot 568 of the Third (3rd) Land District, Third (3rd) Section, of Paulding County, Georgia and More Particularly Described Herein, Charline Cambron, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 3.48 Acres, More or Less, Over Parcel(s) of Land of Approximately 40 Acres, More or Less, Situated in Land Lot 569 and .75 Acres, More or Less, Situated in Land Lot 512 in the Third (3rd) Land District, Third (3rd) Section, of Paulding County, Georgia, and More Particularly Described Herein, et al., Defendants, JJBK LLLP, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. .07 Acres, More or Less, Over Parcel(s) of Land of 5.292 Acres, More or Less, and Being Situated in Land Lots 70 and 71 of the Fourth Land District of Coweta County, Georgia, and Being Identified as Tract 2 in that Certain Revised Final Plat of Survey for the Hills at Wager’s Mill, as Revised on October 1, 2002 and Recorded on January 22, 2003 in Book 77, Page 199; in the Plat Records in the Office of the Clerk of the Superior Court of Coweta Co, et al., Defendants, Ian S. Goldenberg, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 3.30 Acres, More or Less, Over Parcel(s) of Land of Approximately 39 Acres, More or Less, in Land Lots 1035 and 1036 of the Seventeenth (17th) Land District, and Third (3rd) Section of Bartow County, Georgia and More Particularly Described Herein, et al., Defendants, Lackey Group LLC, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 3.48 Acres, More or Less, Over the Following Parcel(s) of Land: Approx. 40.00 Acres, More or Less and Lying and Being in All of Land Lot 726, of the 3rd District, 3rd Section, Paulding County, Georgia, Less and Except 2 Acres, More or Less, Situated in Land Lots 725 and 726 of the 3rd District, 3rd Section of Paulding County, Georgia and More Particularly Described Herein, Defendant, Paul Corley, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC., Plaintiff-Appellee, v. 2.17 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 41.39 Acres, More or Less, and Being in Land Lots 714 and 715 of the 3rd District, 3rd Section, Paulding County, Georgia, Less and Except 3.936 Acres, More or Less, in Land Lot 715 of the 3rd District, 3rd Section Paulding County, Georgia, Further Less and Except 0.750 Acres, More or Less, in Land Lot 715 of the 3rd District, 3rd Section, Paulding County, Georgia, Defendant, Paul Franklin Corley, as Executor of the Estate of Hazel Genette Sligh Corley, Defendant-Appellants. Transcontinental Gas Pipeline Company, LLC, Plaintiff-Appellee, v. 3.94 Acres, More or Less, Over Parcel(s) of Land of Approximately 102.906 Acres, More or Less, Situated in Land Lots 68, 77, 78 and 140 of the 3rd District, 3rd Section, Paulding County, Georgia and More Particularly Described Herein, Defendant, Moon Investments, LLC, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC., Plaintiff-Appellee, v. 12.993 Acres, More or Less, Situated in Land Lot 59 of the Fourth Land District of Coweta County, Georgia, et al., Defendant, Thomas W. Smrcina, Jeannie F. Smrcina, Defendants-Appellants. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 1.45 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 41.035 Acres, More or Less, Situated in Land Lot 28 of the 6th District And 3rd Section of Gordon County Georgia, Less and Except 4.6497 Acres, More or Less, Situated in Land Lot 28 of the 6th District of Gordon County, Georgia, and More Particularly Described Within, et al., Defendant, Michael W. Hill, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. .83 Acres, More or Less, Over Parcel(s) of Land of Approximately 5.003 Acres, More or Less and Being Situated in Land Lot 71 of the Fourth Land District of Coweta County, Georgia and More Particularly Described Herein, et al., Defendants, Christine Marie Cali, f.k.a. Christine M. Snellgrove, Defendant-Appellant. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 50 Acres, More or Less, Situated in Land Lots 55 and 68 of the Fourth (4th) Land District of Coweta County, Georgia; 100 Acres, More or Less, Situated in Land Lot 68 of the Fourth (4th) Land District of Coweta County, Georgia, Defendant, Gene A. Terrell, Joyce Bailey Terrell, Defendants-Appellants. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 10.1824 Acres, More or Less, Situated in Land Lots 669 and 700 of the 17th Land District and 3rd Section, of Bartow County, Georgia Defendants, Tim Denson, Tera Denson, Defendants-Appellants. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 16.14 Acres and 5 Additional Acres, More or Less, Situated in Land Lot 982 of the Seventeenth (17) District, Third (3rd) Section of Bartow County, Georgia–35.10 Acres More or Less in Land Lots 962 and 963 of the Seventeenth (17th) District Third (3rd) Section of Bartow County, Georgia, et al., Defendants, William G. Taff, Rebecca K. Taff, Defendants-Appellants. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 6.59 Acres Being Tract 7 in Land Lot 669 of the Seventeenth (17th) Land, Third (3rd) Section of Bartow County, Georgia, et al., Defendants, Henry D. Mez, Rhonda S. Mez, Defendants-Appellants. Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee, v. 3.22 Acres, More or Less, Over Parcel(s) of Land of Approximately 137.56 Acres, More or Less, Situated in Land Lot 58 of the Fourth (4th) Land District of Coweta County, Georgia and More Particularly Described Herein, Defendant, Handy Land and Timber L.P., Defendants-Appellants.
• Court: U.S. Court of Appeals — Eleventh Circuit

910 F.3d 1130

TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, Plaintiff-Appellee,

v.6.04 ACRES, MORE OR LESS, OVER PARCEL(S) OF LAND OF APPROXIMATELY 1.21 ACRES, MORE OR LESS, SITUATED IN LAND LOT 1049, et al., Defendant,Gail Brandon Cochran, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.80 Acres More or Less, in Land Lot 74 of the Sixteenth (16th) Land District, Third (3rd) Section of Bartow County, Georgia and More Particularly Described Herein, et al., Defendants,Various Defendants, Defendants-Appellants.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.4.57 Acres More or Less, Over the Following Parcel(s) of Land: 0.25 Acres, More or Less, Situated in Land Lot 37 and 3.70 Acres, More or Less Situated in Land Lot 28 All in the Sixth (6th) District of the Third (3rd) Section of Gordon County, Georgia and More Particularly Described Herein, et al., Defendants,Legacy Properties of Northwest Georgia, LLC, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.5.73 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 102.593 Acres, More or Less, Being in Land Lots 1075, 1076, 1077, 1084, and 1085 of the 3rd District, 3rd Section of Paulding County, Georgia and Further Less and Except 1 Acre, More or Less, Situated in Land Lot 1085 of the 3rd District, 3rd Section of Paulding County, Georgia, and Further Less and Except Tract 1: 1 Acre, More or Less, and Tract 2: 0.775 Acres, More or Less, Situated in Land Lot 1075 of the 3rd District, 3rd Section of Paulding County, Georgia and More Particularly Described Herein, et al., Defendants,Nancy H. Tibbitts, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.1.90 Acres, More or Less, Over Parcel(s) of Land of Approximately 10.013 Acres, More or Less, Situated in Land Lot 69, of the Fourth (4th) Land District, of Coweta County, Georgia, and More Particularly Described Herein, et al., Defendants,Donald J. Morris, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.2.16 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 80 Acres, More or Less, Being the West Half of Land Lot 31, of the Sixth (6th) Land District and Third (3rd) Section of Gordon County, Georgia, Less and Except 3.828 Acres, More or Less, Situated in Land Lot 31 of the Sixth (6th) Land District and Third (3rd) Section of Gordon County and More Particularly Described Herein; et al., Defendants,Melvin M. Dobson, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.A Permanent Roadway Easement Across 23.511 Acres Situated in Land Lots 64 And 81 of the 3rd District and 3rd Section of Paulding County, Georgia and More Particularly Described Herein, Defendant,Jeff Moon, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.2.77 Acres, More or Less, Over Parcel(s) of Land of Approx. 38.7225 Acres, More or Less, Situated in Land Lot 568 of the Third (3rd) Land District, Third (3rd) Section, of Paulding County, Georgia and More Particularly Described Herein, Charline Cambron, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.3.48 Acres, More or Less, Over Parcel(s) of Land of Approximately 40 Acres, More or Less, Situated in Land Lot 569 and .75 Acres, More or Less, Situated in Land Lot 512 in the Third (3rd) Land District, Third (3rd) Section, of Paulding County, Georgia, and More Particularly Described Herein, et al., Defendants,JJBK LLLP, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v..07 Acres, More or Less, Over Parcel(s) of Land of 5.292 Acres, More or Less, and Being Situated in Land Lots 70 and 71 of the Fourth Land District of Coweta County, Georgia, and Being Identified as Tract 2 in that Certain Revised Final Plat of Survey for the Hills at Wager’s Mill, as Revised on October 1, 2002 and Recorded on January 22, 2003 in Book 77, Page 199; in the Plat Records in the Office of the Clerk of the Superior Court of Coweta Co, et al., Defendants,Ian S. Goldenberg, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.3.30 Acres, More or Less, Over Parcel(s) of Land of Approximately 39 Acres, More or Less, in Land Lots 1035 and 1036 of the Seventeenth (17th) Land District, and Third (3rd) Section of Bartow County, Georgia and More Particularly Described Herein, et al., Defendants,Lackey Group LLC, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.3.48 Acres, More or Less, Over the Following Parcel(s) of Land: Approx. 40.00 Acres, More or Less and Lying and Being in All of Land Lot 726, of the 3rd District, 3rd Section, Paulding County, Georgia, Less and Except 2 Acres, More or Less, Situated in Land Lots 725 and 726 of the 3rd District, 3rd Section of Paulding County, Georgia and More Particularly Described Herein, Defendant,Paul Corley, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC., Plaintiff-Appellee,

v.2.17 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 41.39 Acres, More or Less, and Being in Land Lots 714 and 715 of the 3rd District, 3rd Section, Paulding County, Georgia, Less and Except 3.936 Acres, More or Less, in Land Lot 715 of the 3rd District, 3rd Section Paulding County, Georgia, Further Less and Except 0.750 Acres, More or Less, in Land Lot 715 of the 3rd District, 3rd Section, Paulding County, Georgia, Defendant,Paul Franklin Corley, as Executor of the Estate of Hazel Genette Sligh Corley, Defendant-Appellants.

Transcontinental Gas Pipeline Company, LLC, Plaintiff-Appellee,

v.3.94 Acres, More or Less, Over Parcel(s) of Land of Approximately 102.906 Acres, More or Less, Situated in Land Lots 68, 77, 78 and 140 of the 3rd District, 3rd Section, Paulding County, Georgia and More Particularly Described Herein, Defendant,Moon Investments, LLC, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC., Plaintiff-Appellee,

v.12.993 Acres, More or Less, Situated in Land Lot 59 of the Fourth Land District of Coweta County, Georgia, et al., Defendant,Thomas W. Smrcina, Jeannie F. Smrcina, Defendants-Appellants.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.1.45 Acres, More or Less, Over the Following Parcel(s) of Land: Approximately 41.035 Acres, More or Less, Situated in Land Lot 28 of the 6th District And 3rd Section of Gordon County Georgia, Less and Except 4.6497 Acres, More or Less, Situated in Land Lot 28 of the 6th District of Gordon County, Georgia, and More Particularly Described Within, et al., Defendant,Michael W. Hill, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v..83 Acres, More or Less, Over Parcel(s) of Land of Approximately 5.003 Acres, More or Less and Being Situated in Land Lot 71 of the Fourth Land District of Coweta County, Georgia and More Particularly Described Herein, et al., Defendants,Christine Marie Cali, f.k.a. Christine M. Snellgrove, Defendant-Appellant.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.50 Acres, More or Less, Situated in Land Lots 55 and 68 of the Fourth (4th) Land District of Coweta County, Georgia; 100 Acres, More or Less, Situated in Land Lot 68 of the Fourth (4th) Land District of Coweta County, Georgia, Defendant,Gene A. Terrell, Joyce Bailey Terrell, Defendants-Appellants.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.10.1824 Acres, More or Less, Situated in Land Lots 669 and 700 of the 17th Land District and 3rd Section, of Bartow County, Georgia Defendants,Tim Denson, Tera Denson, Defendants-Appellants.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.16.14 Acres and 5 Additional Acres, More or Less, Situated in Land Lot 982 of the Seventeenth (17) District, Third (3rd) Section of Bartow County, Georgia–35.10 Acres More or Less in Land Lots 962 and 963 of the Seventeenth (17th) District Third (3rd) Section of Bartow County, Georgia, et al., Defendants,William G. Taff, Rebecca K. Taff, Defendants-Appellants.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.6.59 Acres Being Tract 7 in Land Lot 669 of the Seventeenth (17th) Land, Third (3rd) Section of Bartow County, Georgia, et al., Defendants,Henry D. Mez, Rhonda S. Mez, Defendants-Appellants.

Transcontinental Gas Pipe Line Company, LLC, Plaintiff-Appellee,

v.3.22 Acres, More or Less, Over Parcel(s) of Land of Approximately 137.56 Acres, More or Less, Situated in Land Lot 58 of the Fourth (4th) Land District of Coweta County, Georgia and More Particularly Described Herein, Defendant,Handy Land and Timber L.P., Defendants-Appellants.

No. 16-17503

United States Court of Appeals, Eleventh Circuit.

December 6, 2018

George August Koenig, Koenig Law Group, P.C., William Clay Massey, Nowell Donald Berreth, Alston & Bird, LLP, Atlanta, GA, for Plaintiff–Appellee.

Thomas Henry Camp, Attorney, The Camp Firm LLC, Newnan, GA, Donald C. Evans, Jr., Evans Law Firm, Brandon L. Bowen, Sarah C. Martin, Robert L. Walker, Jenkins Bowen & Walker, PC, William Akers Neel, Jr., Neel & Smith, Cartersville, GA, Stephen Michmerhuizen, Warren Nelson Coppedge, Jr., Coppedge & Evans, PC, Dalton, GA, for Defendants–Appellants.

James A. Orr, Eversheds Sutherland (US) LLP, Atlanta, GA, for Amicus Curiae Oglethorpe Power Corporation.

Robert S. Highsmith, Jr., Allen Andre Hendrick, Lindsey Sciavicco Williamson, Holland & Knight, LLP, Atlanta, GA, for Amicus Curiae Atlanta Gas Light Company.

Before JILL PRYOR and JULIE CARNES, Circuit Judges, and CONWAY,^* District Judge.

JULIE CARNES, Circuit Judge:

Transcontinental Gas Pipe Line Company, LLC ("Transcontinental") brought these consolidated condemnation proceedings against several property owners in Northwest Georgia (collectively, "Defendants") in order to obtain an easement for the construction of a natural-gas pipeline. The...