Category Archives: Law

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 Although you have recently rescinded your consent to the surveys, Continue reading Eminent domain letter from Sabal Trail attorney

Sabal Trail intends to enter upon your Property

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

IS NOT A TAKING OF ANY INTEREST IN YOUR PROPERTY

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

Sabal Trail intends to enter upon your Property,

HUNTON & WILLIAMS LLP
SUITE 4100

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
EMAIL: mcalvert@hunton.com

FILE NO:

Continue reading Sabal Trail intends to enter upon your Property

Florida PSC tentatively approved pipeline

Where’s the Georgia Public Service Commission on a pipeline that gashes across Georgia to serve Florida? The Florida Public Service Commission has made an initial ruling.

Ivan Penn wrote for the Tampa Bay Times 24 October 2013, Florida PSC approves third major natural gas pipeline,

State regulators approved the construction of a third major natural gas pipeline Thursday that will increase Florida’s capacity by 20 percent at a cost of $3 billion.

The unanimous vote by the five-member state Public Service Commission clears the first of two major hurdles for the new system that is projected to come on line in 2017.

“The need for this project is Continue reading Florida PSC tentatively approved pipeline

FL PSC determination about Sabal Trail pipeline not final yet

Document 06488-13 of 10/28/2013:

PAA Order PSC-13-0505-PAA-EI on FPL’s proposed Sabal Trail Transmission, LLC and Florida Southeast Connection pipelines; docket to be closed if order becomes final; protest due 11/18/13.

At the top of the document there’s this:

NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code.

And at the end of the document there’s this addendum,

NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW

The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought.

Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person’s right to a hearing.

The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on November 18, 2013.

In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order.

Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period.

Here’s more context.

-jsq

Georgia law about eminent domain

Received today on Welcome to Spectrabusters. -jsq

For all landowners who opposes the Sabal pipeline being routed through their property and especially for those who have not given their permission to Sabal for the “survey”. Because Sabal is using Ga. law for threating eminent domain, be familiar with O.C.G.A. 22-3-80 through O.C.G.A. 22-3-88.

O.C.G.A. 22-3-80 (2010)
22-3-80. Legislative findings

The General Assembly finds and declares that, based on an authorized study by the Petroleum Pipeline Study Committee created by the General Assembly, while petroleum pipelines are appropriate and valuable for use in the transportation of petroleum and petroleum products, there are certain problems and characteristics indigenous to such pipelines which require the enactment and implementation of special procedures and restrictions on petroleum pipelines and related facilities as a condition of the grant of the power of eminent domain to petroleum pipeline companies.

Also RULES OF THE GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION, Chapter 391-3-23 (Titled: Petroleum Pipeline Eminent Domain Permit Procedures).

The following rule serves to protect Georgia’s natural and environmental resources by requiring permits be issued by the Director with monitoring conditions prior to any petroleum or petroleum product pipeline company acquiring property or interests in property by eminent domain. The rules provide for procedures for administration of O.C.G.A. 22-3-84, governing the obtaining of the permit provided for in O.C.G.A. 22-3- 84(a).

There is a lot of hoops Sabal must jump through before they can tell you to “just give it up”.

-Ronald Kicklighter

Sample no-permission letters

If Spectra or FPL wants you to sign anything or you have already, you can refuse or rescind permission. Here are sample landowner letters modeled on ones by Stop the Pipeline against the Constitution Pipeline that would run through New York State. These letters could work just as well against the proposed Sabal Trail pipeline in Georgia, Alabama, and Florida, or the Florida Southeast Connection in south Florida. (I am not a lawyer; please ask an attorney for legal advice.)

You can send a deny or rescind letter to the same address Sabal Trail (or FSC) used in any letters to you. The address in these sample letters was on letters to Lowndes County from Sabal Trail (and in the preliminary filing with FERC by FSC).

If you deny or rescind permission, please also submit that as a comment to FERC.

No permission to Sabal Trail Transmission

No permission to Florida Southeast Connection

Based on

Continue reading Sample no-permission letters