Eminent domain letter from Sabal Trail attorney

This is the eminent domain letter from a Sabal Trail attorney that Larry Rodgers referred to just now on the Chris Beckham radio show. -jsq

HUNTON & WILLIAMS LLP
SUITE 4100
600 PEACHTREE STREET. N.E.
ATLANTA, GEORGIA 30308-2216

TEL 404 – 888 – 4000
FAX 404 – 888 – 4190

MATTHEW J. CALVERT
DIRECT DIAL: 404 – 888 – 4117
EMAIL: mcalvert@hunton.com

FILE NO: 69054.56

HUNTON&
WILLIAMS

November 26, 2013

Via Overnight Delivery and U.S. First Class Mail

Larry Rodgers Investments, LLC
3222 Country Club Road
Valdosta, GA 31605
Attn: Mr. Larry Rodgers

Survey Permission Request for Natural Gas Pipeline (the “Pipeline”),
FERC Docket No. PF 14-1-000, located on Tract No. 3219.000, Parcel Id. No. 0099 024
in Lowndes County, Georgia (the “Property”)

Dear Mr. Rodgers:

PDF of page 1

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 and received your consent to do so. Although you have recently rescinded your consent to the surveys, we respectfully request that you reconsider your position.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 information needed for the Federal Energy Regulatory Commission’s National Environmental Policy Act review of the Sabal Trail Pipeline project in Docket No. PFl4-1-000.

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 furnishing 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

ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOS ANGELES
McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO TOKYO WASHINGTON
www.hunron.com

PDF of page 2

HUNTON&
WILLIAMS

Larry Rodgers Investments, LLC
November 26, 2013
Page 2

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 month 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 concerns about this matter, please call me at (404) 888-4117 or my associate Brooke F. Voelzke at (404) 888-4171.

Sincerely,
[signed]
Matthew J. Calvert

cc: Brooke F. Voelzke, Esq.

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