Constitution Pipeline Co. LLC v. Permanent Easement

MEMORANDUM DECISION & ORDER I. INTRODUCTION Now before the Court is Plaintiff Constitution Pipeline Company, LLC’s Motion for Summary Judgment on the issue of just compensation owed to Defendant Stephen J. Gabaly. (Dkt. No. 28). Defendant was personally served with the motion, but he has not responded. (Dkt. No. 29). Indeed, Defendant has not appeared in this action at all. II. BACKGROUND A. Procedural History Plaintiff commenced this action in 2014 by seeking condemnation of numerous properties owned by landowner Defendants in this case and others, for the purpose of constructing a natural gas pipeline (the “Pipeline Project”). (Dkt. No. 1). On February 21, 2015, the Court granted Plaintiff’s motions for partial summary judgment and a preliminary injunction, thereby giving Plaintiff a permanent right of way and easement on Defendants’ properties for the pipeline, as well as temporary easements for pipeline construction and maintenance. (Dkt. Nos. 16, 17, 20). Plaintiff also posted bonds as security for the payment of just compensation to Defendants. (Id.). However, the Pipeline Project was later abandoned, and it is now permanently cancelled. (See Dkt. No. 24). Therefore, on September 17, 2020, the Court dissolved the injunction for the pipeline, vacated the related orders, and ordered that all cases proceed to trial on the issue of compensation due to the landowners for the taking that occurred. (Dkt. No. 33). B. Undisputed Facts¹ Plaintiff had a possessory interest for Rights of Way on 2.05 acres of Defendant’s 53.81-acre property from March 3, 2015 until the dissolution of the injunction for the Pipeline Project on September 17, 2020 (the “Temporary Taking”). (Dkt. No. 28-2,

10, 16). Thereafter, Plaintiff obtained an appraisal of the property from CNY Pomeroy Appraisers, Inc. which determined that: 1) the Temporary Taking had no impact on the market value of the property, which remained at $97,000 for the entire 53.81 acres; and 2) the fair rental value of the 2.05-acre portion of land subject to the Temporary Taking was $2,200 at its highest and best use. (Id.,