Docket – March 13, 2019

4th U.S. Circuit Court of Appeals

Mountain Valley Pipeline LLC v. W. Pocahontas Props. LP (P), 4th Cir. (Gregory) from SDWV at Charleston (Copenhaver).

In a condemnation proceeding, the district court properly granted Mountain Valley Pipeline LLC partial summary judgment on its right to condemn certain easements in order to construct a natural gas pipeline. It also properly granted a preliminary injunction allowing the Pipeline to immediately access the easements described in its complaint.

The district court did not abuse its discretion in excluding a certain landowner’s proffered evidence as to property that the Pipeline didn’t identify in the complaint as part of its taking. The district court also properly declined to join the landowner as an indispensable party to the action.


Categories: Daily Dockets

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