They call this a “Permission Request” yet they say they intend “to enter upon your property”, citing a bunch of legal cases to try to scare you into agreeing. They also say this
But if they actually put a pipeline on your property they are taking your trees and numerous uses away from you and replacing them with a highway for trespassers and poachers and hazards.
Here’s the text of the letter from a PDF of a scanned copy forwarded by a landowner. -jsq
HUNTON & WILLIAMS LLP
500 PEACHTREE STREET N.E.
ATLANTA. GEORGIA 30308-2216
TEL 404 – 888 – 4000
FAX 404 – 888 – 4190
MATTHEW J. CALVERT
DIRECT DIAL: 404 – B88 – 4117
November 15, 2013
Via Overnight Delivery and U.S. First Class Mail
Survey Permission Request for Natural Gas Pipeline (the “Pipeline”),
FERC Docket No. PF 14-1-000, located on Tract No. ,
Parcel Id. No. , Georgia (the “Property”)
This law firm represents Sabal Trail Transmission, LLC (“Sabal Trail”) regarding the Pipeline and its request to perform certain civil, environmental and cultural resource surveys on the Property. Sabal Trail previously has notified you of its legal right and need to enter the Property. Although you have previously declined to consent to the surveys, we respectfully request that you reconsider your position. The purpose of this letter is to notify you that Sabal Trail intends to enter upon your Property, as authorized by Georgia law, and conduct the necessary surveys and examination of your Property as described in the company’s earlier communications with you. These survey activities are necessary to provide infon’nation needed for the Federal Energy Regulatory Commission’s National Environmental Policy Act review of the Sabal Trail Pipeline project in Docket No. PF14-1-000.
Natural gas pipeline companies such as Sabal Trail are expressly granted eminent domain rights under Georgia law. We direct you to O.C.G.A. § 22-3-88, which provides, “The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artiﬁcial gas and by persons who are or may be engaged in fumishing natural or artiﬁcial gas for heating, lighting, or power purposes in the State of Georgia.” Furthermore, Georgia courts recognize that an entity vested with eminent domain authority has the right to enter private property to survey and inspect the property to determine its suitability for a proposed project. See Oglethorpe Power V. Goss. 253 Ga. 644, 322 S.E.2d 887 (1985); see also Walker V. City
November 15, 2013
of Warner Robins, 262 Ga. 551, 422 S.E.2d 555 (1992); Ware v. Henry County Water & Sewerage Authority, 258 Ga. App. 778, 575 S.E.2d 654 (2002). However, please understand that this entry for surveys IS NOT A TAKING OF ANY INTEREST IN YOUR PROPERTY; it is limited solely for the purpose of accessing your Property for the survey activities previously described in Sabal Trail’s communications.
Sabal Trail anticipates conducting the surveys during the first two weeks of December. A company representative will attempt to notify you again several days in advance of the survey activity.
If you have any questions or concems about this matter, please call me at (404) 888-4117 or my associate Brooke F. Voelzke at (404) 888-4171,
Matthew J. Calvert
cc: Brooke F. Voelzke. Esq.