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United States v. An Easement and Right-Of-Way Over 4.05 Acres of Land

United States District Court, M.D. Tennessee, Nashville Division

May 6, 2019

UNITED STATES OF AMERICA upon the relation and for the use of the TENNESSEE VALLEY AUTHORITY, Plaintiff,
v.
AN EASEMENT AND RIGHT-OF-WAY OVER 4.05 ACRES OF LAND, MORE OR LESS, AND ADDITIONAL RIGHTS WITH RESPECT TO PREEXISTING EASEMENTS AND RIGHTS-OF-WAY OVER LAND IN MONTGOMERY COUNTY, TENNESSEE, and JOHNSON PROPERTIES, L.P., Defendants.

          James S. Chase (TN BAR 020578) Frances Regina Koho (TN BPR 029261) Michael V. Bernier (MS BAR 103960) TVA GENERAL COUNSEL'S OFFICE Attorneys for Plaintiff

          Thomas N. Bateman (by permission) Thomas N. Bateman (TN BAR 002673) Robert T. Bateman (TN BAR 014240) BATEMAN & BATEMAN, P.C.Attorneys for Defendant

          JUDGMENT AND ORDER DISBURSING FUNDS

          ALETAA.TRAUGER U.S. DISTRICT JUDGE

         This action came on to be considered, and it appears to the Court, as evidenced by the signatures below, that the parties have agreed to resolve this action as hereinafter provided.

         Plaintiff has deposited with the registry of this Court the sum of $250, 000, plus any accrued interest thereon less the applicable registry fee, the disbursement of which is provided for in paragraph 2 below.

         It is, therefore, ORDERED AND ADJUDGED that:

         1. Defendant Johnson Properties, L.P., shall recover of the Plaintiff $250, 000 as full compensation for the taking of the land herein condemned.

         2. The Clerk of this Court is authorized and directed to draw a check on the funds on deposit in the registry of this Court (a) in the amount of $250, 000, plus any accrued interest thereon less the applicable registry fee, payable to Johnson Properties, L.P., in full satisfaction of this Judgment and Order Disbursing Funds (Judgment), and to mail said check to Thomas N.

         Bateman, Esq., BATEMAN & BATEMAN, P.C., P.O. Box 1008, Clarksville, Tennessee 37041-1008

         3. The vesting of title in the United States of America, free of all liens, claims, and encumbrances, as evidenced by the Declaration of Taking filed herein on October 10, 2017 (Doc. 2), is hereby fully and finally confirmed with respect to the following-described property, said description being the same as in Attachment 1 to the Declaration of Taking filed herein (Doc. 2-1):

EASEMENT AND RIGHT-OF-WAY AND ADDITIONAL EASEMENT RIGHTS WITH RESPECT TO PREEXISTING EASEMENTS AND RIGHTS-OF-WAY FOR ELECTRIC POWER AND COMMUNICATION CIRCUITS
Permanent easement and right-of-way, consisting of the perpetual right to enter and to erect, maintain, repair, rebuild, operate, and patrol lines of transmission line structures with sufficient wires and cables for electric power circuits and communication circuits, and all necessary appurtenances, including guy wires, in, on, over, and across said right-of-way, together with the perpetual right to clear said right-of-way and keep the same clear of structures (including but not limited to flagpoles, solar panels, buildings, signboards, billboards), trees, brush, stored personal property, and fire hazards, to destroy or otherwise dispose of such trees and brush; to prevent the drilling or sinking of wells within the right-of-way; and to remove, destroy, or otherwise dispose of any trees located beyond the limits of said right-of-way which in falling could come within five feet of any transmission line structure or conductor located thereon, the Tennessee Valley Authority to remain liable for any direct physical damage to the land and annual growing crops resulting directly from the operations of the construction and maintenance forces of its agents and employees in the erection and maintenance of or in exercising a right of ingress and egress to said transmission line structures, all upon, under, over, and across the following-described land:
TRACT NO. SPTM-5
A parcel of land located in the Sixth Civil District of Montgomery County, State of Tennessee, as shown on a map entitled “Montgomery-Clarksville No. 3 161-kV Transmission Line, ” drawing LW-9028, sheet 1, R.0, a reduced scale copy of which is attached to the Declaration of Taking ...

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