Clay

Case No 2 16 cv 01223

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
COLUMBIA GAS TRANSMISSION, LLC,     )
Plaintiff,            )
v.                       Case No.: 2:16-cv-01223
691.73 ACRES OF LAND MORE OR     )
LESS IN CLAY AND KANAWHA         )
COUNTIES, WEST VIRGINIA,         )
QS COAL, INC., et al.,            )
Defendants.            )
NOTICE OF CONDEMNATION [FOR PUBLICATION]
NAMES OF DEFENDANTS WHO HAVE OR MAY CLAIM AN INTEREST IN PROPERTY, BUT WHOSE IDENTITY AND/OR PLACE OF RESIDENCE IS UNKNOWN:
South Penn Natural Gas Company a West Virginia
corporation, f/k/a ClayCo Gas Company
Prince Land Company, a West Virginia corporation
Interstate Power Company, a West Virginia corporation
Unknown Owners
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY NOTIFIED THAT on February 1, 2016, a Complaint for Condemnation (“Complaint”) was filed by Columbia Gas Transmission, LLC (“Columbia” or “Plaintiff’), in the United States District Court for the Southern District of West Virginia, for the taking of a right-of-way (permanent easement) along with certain temporary construction and access easements, for the purpose of laying, constructing, inspecting, maintaining, operating, repairing, replacing, altering, changing the size of, upgrading, reconstructing, and removing or abandoning in place one pipeline for the transportation of natural gas, and its constituents, together with the right to construct, maintain, inspect, operate, replace, relay and/or remove all roadways, fittings, launchers, receivers, cathodic protection equipment, pipeline markers, overhead or underground electric lines, regulators and all other above and below ground equipment and appurtenances thereto upon, under or across a strip of land of variable width located within the following-described properties:
Parcel 1
272.33 acres of land, more or less, in Union District, Clay County, West Virginia, being all that certain 274 acres of land, more or less, more particularly described as the Second Tract, in that certain Deed dated December 1, 1980, between DHM Corporation, a West Virginia corporation, to QS Coal, Inc., a West Virginia corporation, recorded in Volume 128, Page 536, of the Deed Records of Clay County, West Virginia; LESS AND EXCEPTING, Lots A and B of the Revised Penn-Shoals Plan of Lots, more particularly described in that certain Deed dated January 14, 1994, between QS Coal, Inc., a West Virginia corporation, to State of West Virginia, Public Land Corporation for the use and benefit of The West Virginia Department of Commerce, Labor and Environmental Resources, Division of Natural Resources, recorded in Volume 164, Page 469, of the Deed Records of Clay County, West Virginia; LESS AND EXCEPTING Lots 4, 5, 6, and 7 of the Penn-Shoals Plan of Lots, more particularly described in that certain Deed dated August 28th, 1972, between J. Arthur Cunningham, Trustee, to John W. Cunningham, and Hazel W. Cunningham, his wife, and Charles L Bowles and Audrey D. Bowles, his wife, recorded in Volume 107, Page 635, of the Deed Records of Clay County, West Virginia; LESS AND EXCEPTING Lots E, F, and G, of the Revised Penn-Shoals Plan of Lots, containing 1.65 acres, more or less, more particularly described in that certain Deed dated March 7th, 1974, between J. Arthur Cunningham, as Trustee, to Jess J. Welch, recorded in Volume 110, Page 513, of the Deed Records of Clay County, West Virginia; LESS AND EXCEPTING Lot C, containing 20,416 square feet, more or less, and Lot D, containing 21,060 square feet, more or less, of the Revised Penn-Shoals Plan of Lots, more particularly described in that certain deed dated July 27th, 1977, by DHM Corporation, a West Virginia corporation, to Jack W. Welch, recorded in Volume 119, Page 226, of the Deed Records of Clay County, West Virginia; and with property tax parcel identification number 06-08-38.
Parcel 2
230 acres, more or less, in Clay County, West Virginia, more particularly described as part of the Sixth Tract, containing 1166.35 acres, more or less, in that certain deed dated December 1, 1980, between DHM Corporation, a West Virginia corporation, to QS Coal, Inc., a West Virginia corporation, recorded in Volume 128, Page 536, of the Deed Records of Clay County, West Virginia, and with property tax parcel identification number 06-08-09.
Parcel 3
2 acres of land, more or less, in Union District, Clay County, West Virginia, more particularly described as the Fifth Tract in that certain deed dated December 1, 1980, from DHM Corporation, a West Virginia corporation, to QS Coal, Inc., a West Virginia corporation, recorded in Volume 128, Page 536, of the Deed Records of Clay County, West Virginia, and with property tax parcel identification number 06-08-07.
Parcel 4
185.9 acres of land, more or less, partly in Union District, Clay County, West Virginia and partly in Big Sandy District, Kanawha County, West Virginia, more particularly described as the Fifth Tract in that certain deed dated December 1, 1980, from DHM Corporation, a West Virginia corporation, to QS Coal, Inc., a West Virginia corporation, recorded in Volume 128, Page 536, of the Deed Records of Clay County, West Virginia, and with property tax parcel identification number 06-08-51.
Parcel 5
0.25 of an acre, more or less, in Union District, Clay County, West Virginia, more particularly described as Third Tract, in that certain deed dated December 1, 1980, between DHM Corporation, a West Virginia corporation, and Q S Coal, Inc., a West Virginia corporation, recorded in Volume 128, Page 536, of the Deed Records of Clay County, West Virginia, and with property tax parcel identification number 06-08-06.
Parcel 6
1 acre of land, more or less, in Union District, Clay County, West Virginia, more particularly described as Tract Seven in that certain deed December 1, 1980, from DHM Corporation, a West Virginia corporation, to QS Coal, Inc., a West Virginia corporation, recorded in Deed Book 128, Page 536, of the Deed Records of Clay County, West Virginia, and with property tax parcel identification number 06-08-08.
Parcel 7
0.25 of an acre of land, more or less, in Union District, Clay County, West Virginia, more particularly described in that certain deed dated December 1, 1980, from DHM Corporation, a West Virginia corporation, to QS Coal, Inc., a West Virginia corporation, recorded in Deed Book 128, Page 536, of the Deed Records of Clay County, West Virginia, and with property tax parcel identification number 06-08-03.
The authority for this taking is a law of the United States found at 15 U.S.C. §717 et. seq., commonly known as the Natural Gas Act, which at §717f(h) authorizes the taking of property to construct, operate, and maintain a natural gas pipeline after having received a Certificate of Public Convenience and Necessity from the Federal Energy Regulatory Commission (“FERC”). Plaintiff obtained such a certificate from FERC on December 30, 2015. Plaintiff has requested in its Complaint immediate possession of the properties to be condemned, upon a determination by the Court that Plaintiff has the power of eminent domain and has properly exercised that power.
If you have any defense to the taking of these properties in which you may have or claim some interest, you are required to serve your answer upon the Plaintiff’s attorneys c/o Marsha W. Kauffman, Robinson & McElwee PLLC, 700 Virginia Street East, Suite 400, Charleston, West Virginia 25301, on or before March 23, 2016. Your answer shall:
1. Identify the properties in which you claim to have an
interest.
2. State the nature and extent of the interest you claim.
3. State all your objections and defenses to the taking.
A FAILURE TO SERVE AN ANSWER SHALL CONSTITUTE A CONSENT TO THE TAKING AND TO THE AUTHORITY OF THE COURT TO PROCEED TO HEAR THE ACTION AND TO FIX JUST COMPENSATION, AS WELL AS A WAIVER OF ALL DEFENSES AND OBJECTIONS NOT SO PRESENTED.
If you have no objection or defense to the taking, you may serve upon the Plaintiff’s attorney a notice of appearance designating the properties in which you claim to be interested, and thereafter you shall receive notice of all proceedings affecting these properties.
At the hearing or trial on the issue of just compensation, whether or not you have answered or served a Notice of Appearance, you may present evidence as to the amount of compensation to be paid for the properties in which you have any interest, and you may, subject to the proofs that you submit, share in the distribution of the award of compensation.
Respectfully submitted,
DENTONS US LLP
By:     /s/ Marsha W. Kauffman
John R. Haug, Missouri Bar #38738
(Pro Hac Admission Pending)
David M. Fedder, Missouri Bar #38823
(Pro Hac Admission Pending)
One Metropolitan Square, Suite 3000
St. Louis, Missouri 63102
(314) 241-1800
(314) 259-5959 fax
[email protected]
[email protected]
and
Marsha W. Kauffman, W.Va. Bar # 6979
Stephen F. Gandee, W.Va. Bar # 5204
Robinson & McElwee PLLC
700 Virginia Street East, Suite 400
Charleston, West Virginia 25301
(304) 347-8330
[email protected]
sfg@ramlaw. com
Attorneys for Plaintiff Columbia Gas
Transmission, LLC
CLERK OF THE COURT
Date: 2-12-2016    By: /s/Susan Howie
Deputy Clerk