20 Cited authorities

  1. East Tennessee Natural Gas Co. v. Sage

    361 F.3d 808 (4th Cir. 2004)   Cited 338 times
    Holding that a legal description and a plat showing where the easement run satisfy the identification of a property under Rule 71.1(c)
  2. Williams v. Long

    585 F. Supp. 2d 679 (D. Md. 2008)   Cited 209 times
    Holding two declarations were sufficient to warrant conditional certification where the declarations "suggest[ed] there could be remaining claimants who would willingly join the instant action"
  3. Alliance Pipeline L.P. v. 4.360 Acres of Land

    746 F.3d 362 (8th Cir. 2014)   Cited 91 times
    Concluding that landowners "received notice ‘reasonably calculated ... to apprise’ them of [the company’s] FERC application" where, in the months between the company’s application and FERC’s order granting the certificate, the company negotiated with the landowners to seek an easement and filed a lawsuit for permission to survey the property in relation to the project (quoting Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 (1950) )
  4. Northwest Pipeline v. the 20' x 1,430' Pipeline

    197 F. Supp. 2d 1241 (E.D. Wash. 2002)   Cited 59 times
    Granting summary judgment as to validity of taking
  5. Guardian Pipeline, L.L.C. v. 295.49 Acres of Land

    Case No. 08-C-0028, Case No. 08-C-29, Case No. 08-C-30, Case No. 08-C-54 (E.D. Wis. Apr. 11, 2008)   Cited 42 times
    Holding pipeline company would be irreparably harmed if forced to "skip over properties scattered at various locations along the route and then come back to them at a later time" because the company would "incur hundreds of thousands of dollars of expenses to move the large amount of material, heavy equipment, and personnel from property to property as they become available [n]one of these additional expenses could be recouped by [the company]"
  6. So. Natural Gas Co. v. Land, Cullman County

    197 F.3d 1368 (11th Cir. 1999)   Cited 54 times
    Holding "that the practices and procedures of federal eminent domain actions . . . are governed by" Rule 71.1 and stating that this rule supersedes the Natural Gas Act, 15 U.S.C. § 717f(h) and state law
  7. USG Pipeline Co. v. 1.74 Acres in Marion County

    1 F. Supp. 2d 816 (E.D. Tenn. 1998)   Cited 49 times
    Holding that making a monetary offer and demonstrating a desire to acquire easements by negotiation and settlement rather than by eminent domain to be more than sufficient to prove the condemnor made a bona fide effort
  8. Northern Border Pipeline Co. v. 127.79, Etc.

    520 F. Supp. 170 (D.N.D. 1981)   Cited 49 times
    Holding that plaintiff would suffer economic harm from delay, national interest supported immediate possession, and "[t]he only legal remedy available to the plaintiff is the condemnation proceeding itself which, under the circumstances of this case, is inadequate."
  9. Colonial Pacific Leasing Corp. v. N & N Partners, LLC

    981 F. Supp. 2d 1345 (N.D. Ga. 2013)   Cited 6 times   1 Legal Analyses

    Civil Action No. 3:12–cv–143–TCB. 2013-11-4 COLONIAL PACIFIC LEASING CORPORATION, Plaintiff, v. N & N PARTNERS, LLC, Larry T. Fletcher, and Thomas G. Crymes, Defendants. Lauren Annette Rucker, Windy Angela Hillman, Teah N. Glenn, Wargo & French LLP, Atlanta, GA, for Plaintiff. Robert T. Trammell, Jr., The Trammell Firm, LLC, Luthersville, GA, for Defendants. TIMOTHY C. BATTEN Lauren Annette Rucker, Windy Angela Hillman, Teah N. Glenn, Wargo & French LLP, Atlanta, GA, for Plaintiff. Robert T. Trammell

  10. Sabal Trail Transmission, Llc. v. 7.72 Acres in Lee Cnty.

    CASE NO. 3:16-CV-173-WKW (M.D. Ala. Jun. 20, 2016)   Cited 1 times

    CASE NO. 3:16-CV-173-WKW CASE NO. 3:16-CV-174-WKW CASE NO. 3:16-CV-175-WKW CASE NO. 3:16-CV-176-WKW 06-20-2016 SABAL TRAIL TRANSMISSION, LLC., Plaintiff, v. 7.72 ACRES IN LEE COUNTY, ALABAMA, and BOWDEN REALTY, INC., v. 1.83 ACRES IN LEE COUNTY, ALABAMA and HUGH LIVINGSTON, v. 9.95 ACRES IN CHAMBERS COUNTY, ALABAMA, and JOSEPH L. DEAN, JR., v. 8.95 ACRES IN CHAMBERS COUNTY, ALABAMA, and DANWAY PROPERTIES, Defendants. W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE MEMORANDUM OPINION AND ORDER

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,650 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities
  13. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 9,998 times   17 Legal Analyses
    Permitting the use of declarations instead
  14. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,139 times   47 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  15. Rule 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,111 times   35 Legal Analyses
    Setting the certification process for domestic records of regularly conducted business activity
  16. Section 717f - Construction, extension, or abandonment of facilities

    15 U.S.C. § 717f   Cited 1,110 times   17 Legal Analyses
    Granting certificate-holding natural gas companies the federal eminent domain power
  17. Rule 71.1 - Condemning Real or Personal Property

    Fed. R. Civ. P. 71.1   Cited 764 times   3 Legal Analyses
    Setting forth the procedure for condemning real property by eminent domain