Opinion
Civil Action No. 3:11-CV-00311
10-25-2012
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 2.49 ACRES OF LAND, MORE OR LESS, IN SUMNER COUNTY, TENNESSEE, and MARY KATHERINE LORANCE SUMNER BANK & TRUST RICHARD HUTCHINSON, trustee Defendants
Philip J. Pfeifer (IN BAR 6324-98) Attorney Tennessee Valley Authority Attorney for Plaintiff Joe Harsh (TN BAR 16130) Harsh & Harsh Attorney for Defendant- Landowner
Judge Wiseman
AGREED ORDER ADJUSTING THE EASEMENT AND RIGHT-
OF-WAY AND AMENDING THE CAPTION OF THIS ACTION
Pursuant to the agreement of Plaintiff and defendant-landowner as set out in the Joint Motion for Entry of an Agreed Order Adjusting the Easement and Right-of-Way and Amending the Caption of this Action, filed herein (Doc. 28), it is hereby Ordered that:
1. The description of the easement and right-of-way in Attachment 1 to this Order is hereby deemed substituted for that in Attachment 1 to the Complaint, Declaration of Taking, and Notice filed herein (Docs. 1-1, 2-1, and 3-1, respectively) (thereby reflecting that Tract GATN-94 runs with the fence line along the western boundary of landowner-defendant's property).
2. The map attached hereto as Attachment 2 to this Order is hereby deemed substituted for the map attached to the Declaration of Taking filed herein (Doc. 2-2) (thereby showing the easement and right-of-way as adjusted by this Order).
3. The caption of this action is hereby amended as shown above (thereby showing the number of acres that are within the right-of-way described in Attachment 1 to this Order).
4. The Commission shall include $6,500 in its eventual award as compensation for any claims that defendant-landowner may have asserted in connection with the adjustment made to the easement and right-of-way as a result of this Order. Defendant-landowner's claims regarding the easement and right-of-way as adjusted remain intact.
5. The Clerk of this Court shall furnish to Plaintiff a certified copy of this Order.
IT IS SO ORDERED this the 25th day of October, 2012.
__________________
UNITED STATES DISTRICT JUDGE
We hereby approve and consent to the entry of this Order: __________________
Philip J. Pfeifer (IN BAR 6324-98)
Attorney
Tennessee Valley Authority
Attorney for Plaintiff __________________
Joe Harsh (TN BAR 16130)
Harsh & Harsh
Attorney for Defendant- Landowner