MEMORANDUM OPINION

(Granting Plaintiffs Motion for Summary Judgment)

HENRY E. HUDSON, District Judge.

This action stems from an expansion effort by Plaintiff Transcontinental Gas Pipe Line Company, LLC ("Transco") to build nearly 100 miles of interstate natural gas pipeline throughout Virginia's Southside region. The case is before the Court on Transco's Motion for Summary Judgment (ECF No. 78). For the reasons stated herein, Transco's Motion will be GRANTED.

BACKGROUND

1. Transco is a natural gas pipeline company subject to regulation by the Federal Energy Regulatory Commission under the Natural Gas Act ("NGA" or "the Act"), codified at 15 U.S.C. §§ 717-717z. On November 21, 2013, the Federal Energy Regulatory Commission ("FERC") issued Transco a Certificate of Public Convenience and Necessity ("FERC Certificate"). See Transcontinental Gas Pipe Line Co. LLC, 145 F.E.R.C. P 61152, 2013 WL 6137661 (Nov. 21, 2013). In accordance with the FERC Certificate, Transco intends to build nearly 100 miles of a new 24-inch interstate natural gas pipeline ("Virginia Southside Expansion Project" or "the Project") in multiple states. (Complaint, ECF No.1, at ¶¶ 13, 15.) The Project will allow Transco to transport natural gas from a "pooling point" in New Jersey to a new natural gas-fired power station that a Dominion Virginia Power ("DVP") affiliate is building in Brunswick County, Virginia. Transcontinental Gas, 2013 WL 6137661, at *4.

2. By Order entered on August 15, 2014 (the "August 15th Order," ECF No. 77), the Court granted Transco's Motion for Partial Summary Judgment (ECF No. 29) and Motion for Preliminary Injunction (ECF No. 31), and included a detailed description of the Project which is incorporated by reference into this Memorandum Opinion. (See August 15th Order at ¶¶ 8-16.)

3. Transco filed the Complaint in this action on June 5, 2014 and Notices of Condemnation (ECF Nos. 3-27) on June 6, 2014 to condemn certain easements necessary for the Project over a parcel of real property in Brunswick County, Virginia in which the Defendants have an interest. That real property is described as follows:

(See August 15th Order at ¶ 1 (the "Property").)

4. Transco seeks to condemn a permanent easement, 50 feet in width, over a 0.889 acre portion of the Property (the "Permanent Easement"), and two temporary construction easements over 0.859 acres of the Property ("Temporary Construction Easements"). The Permanent Easement, which is necessary for the construction and operation of a portion of the Project's new 24-inch natural gas pipeline, is described as "Area of Proposed Right of Way" in the Survey Plat prepared by a Certified Virginia Land Surveyor ("Survey Plat"). (Compl., Ex. B thereto.) A legal description of the Permanent Easement is included with the Survey Plat. A copy of the Survey Plat is attached to this Memorandum Opinion as Exhibit No. 1. The terms and conditions of the Permanent Easement are set forth in Exhibit C to the Complaint, a copy of which is attached to this Memorandum Opinion as Exhibit No. 2. The Temporary Construction Easements, which Transco requires for use as work space during the Project, are shown and described on the Survey Plat as "Area of Temporary Work Space No. 1" (0.352 acres) and "Area of Temporary Work Space No. 2" (0.507 acres). Legal descriptions of the Temporary Construction Easements are included with the Survey Plat. The terms and conditions of the Temporary Construction Easements are set forth in Exhibit D to the Complaint, a copy of which is attached to this Memorandum Opinion as Exhibit No. 3.

5. In the August 15th Order, the Court found that all Defendants were properly served, and that no Defendant filed any Answer or Notice of Appearance as required by Fed. R. Civ. P. 71.1(e). (August 15th Order at ¶¶ 4-5.) Additionally, the Court held that Transco has the substantive legal right to condemn the Permanent Easement and Temporary Construction Easements pursuant to 15 U.S.C. § 717f(h). (Id. at 12, ¶ (3).) Lastly, the Court determined that only two owners of the Property, Defendants Taiysha Brown Lagarde ("Ms. Lagarde") and Rose Chandra Williams ("Ms. Williams"), are entitled to an award of just compensation in this action, as all other Defendant owners were dismissed from this action after consenting to, and accepting full compensation for, Transco's acquisition of the Permanent Easement and Temporary Construction Easements. (Id. at ¶¶ 3, 33.)

6. Pursuant to the August 15th Order, on August 19, 2014, Transco deposited the sum of $25.94 into the registry of the Court (the "Deposit") as security for the preliminary injunction authorizing Transco to take immediate possession of the easements. (See Mem. Supp. Mot. for Summ. J., ECF No. 79, Ex. B. thereto.) The Court found that this sum represented Ms. Lagarde's and Ms. Williams's proportionate shares of the $700.00 fair market value of the Permanent Easement and Temporary Construction Easements as determined by a Certified Virginia Real Estate Appraiser. (August 15th Order at ¶ 33.)

7. Thus after entry of the August 15th Order, there remained only two considerations for the Court: (1) determine the just compensation owing to Ms. Lagarde and Ms. Williams for Transco's condemnation of the Permanent Easement and the Temporary Construction Easements; and (2) vest legal title to these easements in Transco.

8. On September 12, 2014, Transco filed a Motion for Summary Judgment and Roseboro v. Garrison Notice to any Pro Se Defendants who might respond together with a supporting Brief. Transco's Motion requests that the Court enter summary judgment as a matter of law on the remaining two issues in this case. As no Defendant has responded to Transco's Motion, and because the time for any response has expired, this matter is now ripe for disposition.

STANDARD OF REVIEW

9. Summary judgment must be rendered "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). It is the responsibility of the party seeking summary judgment to inform the court of the basis for the motion, and to identify the parts of the record which demonstrate the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Fed.R.Civ.P. 56(c).

10. "[W]here the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the pleadings, depositions, answers to interrogatories, and admissions on file." Celotex Corp., 477 U.S. at 324 (internal quotation marks omitted). When the motion is properly supported, the nonmoving party must go beyond the pleadings and, by citing affidavits or "`depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Id. (quoting former Fed.R.Civ.P. 56(c) and 56(e) (1986)). "If a party fails ... to properly address another party's assertion of fact as required by Rule 56(c), the court may ... consider the fact undisputed for purposes of the motion." Fed.R.Civ.P. 56(e)(2).

11. In reviewing a summary judgment motion, the court "must draw all justifiable inferences in favor of the nonmoving party." U.S. v. Carolina Transformer Co., 978 F.2d 832, 835 (4th Cir. 1992) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). Nevertheless, the nonmoving party cannot "`create a genuine issue of material fact through mere speculation or the building of one inference upon another.'" Emmett v. Johnson, 532 F.3d 291, 297 (4th Cir. 2008) (quoting Beale v. Hardy, 769 F.2d 213, 214 (4th Cir. 1985)).

ANALYSIS

12. The appropriate measure of compensation in a condemnation proceeding is the fair market value of the property as of the date of the taking. See U.S. v. Miller, 317 U.S. 369, 374, 63 S.Ct. 276, 87 L.Ed. 336 (1943); see also Columbia Gas Transmission Corp. v. Rodriguez, 551 F.Supp.2d 460, 462 (W.D. Va. 2008) (citing U.S. v. Petty Motor Co., 327 U.S. 372, 377-78 (1946)) (holding that "`[m]arket value,' rather than the value to the condemnor or the owner, is the proper measure of just compensation."). The landowner bears the burden of proving the value of the land taken. U.S. v. 69.1 Acres of Land, 942 F.2d 290, 292 (4th Cir. 1991) (citing U.S. ex rel. TVA v. Powelson, 319 U.S. 266, 274, 63 S.Ct. 1047, 87 L.Ed. 1390 (1943)).

13. Transco is the only party to present any evidence establishing the fair market value of the Permanent Easement and Temporary Construction Easements. Despite abundant time to do so, no Defendant to this action has presented any evidence as to fair market value, nor has any defendant objected to or opposed the evidence provided by Transco. Under Local Civil Rule 7(K)(2) and Fed. R. Civ. P. 56(e), the Court is entitled to, and hereby shall, consider Transco's Motion for Summary Judgment to be unopposed, accept as true and correct the facts asserted in the Motion and supporting brief, declaration, and documentary evidence, and rule on the papers without a hearing. See Custer v. Pan Am. Life Ins. Co., 12 F.3d 410, 416 (4th Cir. 1993) (recognizing that failing to respond to a summary judgment motion entitles the district court to treat the motion as unopposed and the facts stated therein as uncontroverted).

14. After reviewing the record, the Court concludes that there is no genuine issue as to any material fact, and Transco is entitled to summary judgment as a matter of law.

15. In support of its Motion, Transco presents a detailed Appraisal Report prepared by independent Certified Virginia Real Estate Appraisers that determines the fair market value of the Permanent Easement and Temporary Construction Easements is $700.00. (See Mem. Supp. Mot. for Summ. J., Ex. A. thereto, Valbridge Property Advisors Appraisal Report ("Appraisal Report").) Considering both the breadth and quality of the Appraisal Report, the Court accepts the report's suggestion as to fair market value of these easements. Particularly significant is the Appraisal Report's consideration of sales of comparable land within a reasonable time before the taking. (Id. at 1, 18-26.); see U.S. v. 100.01 Acres of Land, 102 F. App'x 295, 298 (4th Cir. 2004) (unpublished) (explaining that the "best evidence" of fair market value is sales of comparable land within a reasonable time before the taking) (quoting U.S. v. Whitehurst, 337 F.2d 765, 775 (4th Cir. 1964).

16. As explained in the August 15th Order, Ms. Lagarde and Ms. Williams are the only Defendants entitled to receive an award of just compensation, as all other Defendants received full compensation. (See August 15th Order at ¶ 3.) Accordingly, Ms. Lagarde's and Ms. Williams's share of compensation must be in proportion to their individual ownership interest in the Property. Transco's evidence indicates that Ms. Lagarde and Ms. Williams each have a 1.852% ownership interest in the Property. (See Mem. Supp. Mot. for Summ. J., Ex. A thereto, Declaration of Timothy Chastain, at ¶ 6.) Therefore, the Court finds that Ms. Lagarde and Ms. Williams are entitled to a just compensation award of $25.94, which reflects their combined 3.704% share of the $700.00 fair market value of the Permanent Easement and Temporary Construction Easements. (Id.)

17. Transco deposited the sum of $25.94 with the Court in connection with the preliminary injunction previously granted in this action. (See Mem. Supp. Mot. for Summ. J., Ex. B. thereto.) These funds should be deemed payment of the just compensation required for the condemnation of the Permanent Easement and Temporary Construction Easements.

18. Having satisfied its obligation to pay just compensation for the Permanent Easement and the Temporary Construction Easements, the Court hereby finds that Transco should be vested with indefeasible legal title to those easements.

19. An appropriate Order will accompany this Memorandum Opinion.

Exhibit 1

EDYTH ROACH BURROUGHS, et al L. L. NO. BL-48

ALL THAT TRACT OR PARCEL OF LAND LYING OR BEING IN DISTRICT 6 MAGISTERIAL, BRUNSWICK COUNTY, VIRGINIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PROPOSED RIGHT-OF-WAY — BEGINNING AT AN IRON PIN FOUND (1 INCH IRON PIPE) ON THE SOUTHEAST CORNER OF THE GRANTOR'S PROPERTY HAVING A VIRGINIA STATE PLANE CORDINATE OF (N: 3434881.13', E: 11715144.88', NAD 83, SOUTH ZONE); SAID POINT BEING THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING AS THUS ESTABLISHED AND ALONG THE SOUTHERLY PROPERTY LINE OF THE GRANTOR NORTH 76 DEGREES 53 MINUTES 48 SECONDS WEST A DISTANCE OF 15.67 FEET TO A POINT; THENCE DEPARTING SAID SOUTHERLY PROPERTY LINE NORTH 01 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 850.24 FEET TO A POINT ON THE NORTHERLY PROPERTY LINE OF THE GRANTOR; THENCE ALONG SAID NORTHERLY PROPERTY LINE SOUTH 72 DEGREES 42 MINUTES 24 SECONDS EAST A DISTANCE OF 52.76 FEET TO A POINT; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE SOUTH 01 DEGREES 19 MINUTES 03 SECONDS EAST A DISTANCE OF 635.04 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF THE GRANTOR; THENCE ALONG SAID EASTERLY PROPERTY LINE SOUTH 08 DEGREES 27 MINUTES 03 SECONDS WEST A DISTANCE OF 205.24 FEET TO THE POINT OF BEGINNING.

SAID TRACT OR PARCEL OF LAND CONTAINS 0.889 ACRES (BEING 38,736 SQUARE FEET) AS SHOWN ON DRAWING NUMBER 26-06-55/BL-48-A-1.

PROPOSED TEMPORARY WORK SPACE NO. 1 — COMMENCE FROM AN IRON PIN FOUND (1 INCH IRON PIPE) ON THE SOUTHEAST CORNER OF THE GRANTOR'S PROPERTY HAVING A VIRGINIA STATE PLANE CORDINATE OF (N: 3434881.13', E: 11715144.88', NAD 83, SOUTH ZONE); THENCE ALONG THE EASTERLY PROPERTY LINE OF THE GRANTOR NORTH 08 DEGREES 27 MINUTES 03 SECONDS EAST A DISTANCE OF 205.24 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING AS THUS ESTABLISHED AND DEPARTING SAID EASTERLY PROPERTY LINE NORTH 01 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 635.04 FEET TO A POINT ON THE NORTHERLY PROPERTY LINE OF THE GRANTOR; THENCE ALONG SAID NORTHERLY PROPERTY LINE SOUTH 72 DEGREES 42 MINUTES 24 SECONDS EAST A DISTANCE OF 47.48 FEET TO A POINT; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE SOUTH 01 DEGREES 19 MINUTES 03 SECONDS EAST A DISTANCE OF 138.37 FEET TO A POINT; THENCE SOUTH 43 DEGREES 40 MINUTES 57 SECONDS WEST A DISTANCE OF 35.36 FEET TO A POINT; THENCE SOUTH 01 DEGREES 19 MINUTES 03 SECONDS EAST A DISTANCE OF 340.34 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF THE GRANTOR; THENCE ALONG SAID EASTERLY PROPERTY LINE SOUTH 08 DEGREES 27 MINUTES 03 SECONDS WEST A DISTANCE OF 117.88 FEET TO THE POINT OF BEGINNING.

SAID TRACT OR PARCEL OF LAND CONTAINS 0.352 ACRES (BEING 15,345 SQUARE FEET) AS SHOWN ON DRAWING NUMBER 26-06-55/BL-48-A-1.

PROPOSED TEMPORARY WORK SPACE NO. 2 — COMMENCE FROM AN IRON PIN FOUND (1 INCH IRON PIPE) ON THE SOUTHEAST CORNER OF THE GRANTOR'S PROPERTY HAVING A VIRGINIA STATE PLANE CORDINATE OF (N: 3434881.13', E: 11715144.88', NAD 83, SOUTH ZONE); THENCE ALONG THE SOUTHERLY PROPERTY LINE OF THE GRANTOR NORTH 76 DEGREES 53 MINUTES 48 SECONDS WEST A DISTANCE OF 15.67 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING AS THUS ESTABLISHED AND CONTINUING ALONG SAID SOUTHERLY PROPERTY LINE NORTH 76 DEGREES 53 MINUTES 48 SECONDS WEST A DISTANCE OF 15.49 FEET TO A POINT; THENCE NORTH 01 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 12.16 FEET TO A POINT; THENCE NORTH 46 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 35.36 FEET TO A POINT; THENCE NORTH 01 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 150.00 FEET TO A POINT; THENCE NORTH 43 DEGREES 40 MINUTES 57 SECONDS EAST A DISTANCE OF 35.36 FEET TO A POINT; THENCE NORTH 01 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 426.57 FEET TO A POINT; THENCE NORTH 46 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 35.36 FEET TO A POINT; THENCE NORTH 01 DEGREES 19 MINUTES 03 SECONDS WEST A DISTANCE OF 175.00 FEET TO A POINT; THENCE NORTH 43 DEGREES 40 MINUTES 57 SECONDS EAST A DISTANCE OF 22.64 FEET TO A POINT ON THE NORTHERLY PROPERTY LINE OF THE GRANTOR; THENCE ALONG SAID NORTHERLY PROPERTY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 71 DEGREES 39 MINUTES 54 SECONDS EAST A DISTANCE OF 13.92 FEET TO AN IRON PIN FOUND (IRON PIPE); THENCE SOUTH 72 DEGREES 42 MINUTES 24 SECONDS EAST A DISTANCE OF 11.49 FEET TO A POINT; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE SOUTH 01 DEGREES 19 MINUTES 03 SECONDS EAST A DISTANCE OF 850.24 FEET TO THE POINT OF BEGINNING.

SAID TRACT OR PARCEL OF LAND CONTAINS 0.507 ACRES (BEING 22,088 SQUARE FEET) AS SHOWN ON DRAWING NUMBER 26-06-55/BL-48-A-1.

Exhibit 2

PERMANENT EASEMENT TERMS

The Permanent Easement being condemned in this action ("Permanent Easement") shall consist of a permanent easement giving the Plaintiff, TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC ("Transco"), and its authorized agents and contractors, the perpetual right to use the portions of the "Property" (as defined in the Complaint) (the "Property") located within the Permanent Easement for the purposes of laying, constructing, maintaining, operating, repairing, and replacing one 24-inch pipeline ("Pipeline") for the transportation of natural gas, together with any necessary valves, regulators, meters, tie-overs, drips, fittings, equipment for cathodic protection, alternating current (A/C) mitigation, communication and other auxiliary installations (collectively "appurtenances") required for the natural gas pipeline project (the "Project") approved pursuant to the Federal Energy Regulatory Commission ("FERC") Order Issuing Certificate, dated November 21, 2013 (Docket No. CP 13-30-000) (the "Certificate"), the Natural Gas Act and regulations applicable thereto.

Transco shall bury the Pipeline so that it will not interfere with the cultivation of the land, but appurtenances may be installed in whole or in part above ground or below ground.

Upon completion of construction activities relating to the Project, Transco, itself, or through its authorized agents or contractors, will restore the lands within the Permanent Easement as closely as practicable to their condition prior to Transco's use, and restore private and public property, such as fences, gates, driveways, and roads disturbed by Transco's construction work to original or better condition; provided, however, that Transco will not replant any trees, shrubs or crops removed during construction of the Project, except where otherwise required by FERC pursuant to any applicable terms or conditions of the Certificate. Transco will also undertake any additional land restoration measures within the Permanent Easement area as FERC or any federal or state authorities may order or direct to the extent that such measures are required by the terms of the Certificate or any applicable federal or state permits relating to the Project.

Transco shall have all other rights and benefits reasonably necessary for the full enjoyment or use of the Permanent Easement, including the right, from time to time as it may find convenient, to cut or remove any trees, undergrowth and other obstructions of any kind from the Permanent Easement that may injure, endanger or interfere with the construction, operation, maintenance, repair, and/or replacement of the Pipeline or any appurtenances, except as may be indicated to the contrary on any Survey Plat(s) attached to the Complaint, or as otherwise instructed or directed by FERC or any federal or state authorities to the extent required by any terms of the Certificate or any applicable federal or state permits relating to the Project.

Without first obtaining Transco's express approval in writing, no owner of the Property shall: build, construct or place any buildings or permanent structures on the Permanent Easement or any part thereof; change the grade of the Permanent Easement or any part thereof; impound water or otherwise construct or create ponds or lakes on or within the Permanent Easement or any part thereof; plant trees on the Permanent Easement or any part thereof; or otherwise impede or interfere with Transco's use and enjoyment of the Permanent Easement. Nor may any owner of the Property permit others to do any of said acts without first having obtained Transco's express approval in writing. No forbearance by Transco to exercise any rights authorized by the terms of the Permanent Easement for any period of time shall constitute a waiver of such rights or limit Transco's ability to exercise such rights as it may find convenient.

All rights and obligations under this Permanent Easement shall run with the land and be binding upon any and all owners or other persons having an interest in the Property now or in the future.

The Permanent Easement being condemned in this action shall not reduce, limit or alter any rights or obligations under any Transco "Existing Easement Agreement" or "Existing Easement Agreements" as may be identified and described in the Complaint as applicable to the Property.

Exhibit 3

TEMPORARY CONSTRUCTION EASEMENT TERMS

The Temporary Construction Easement (or Temporary Construction Easements) being condemned in this action ("Temporary Construction Easement") shall consist of a temporary, non-exclusive easement giving the Plaintiff, TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC ("Transco"), and its agents and contractors, the right to clear and use the portions of the "Property" (as defined in the Complaint) (the "Property") located within the Temporary Construction Easement as workspace for any and all construction or restoration activities relating to the natural gas pipeline project (the "Project") approved pursuant to the Federal Energy Regulatory Commission ("FERC") Order Issuing Certificate dated November 21, 2013 (Docket No. CP 13-30-000) (the "Certificate"), the Natural Gas Act, and regulations applicable thereto.

Upon completion of construction activities relating to the Project, Transco, itself, or through its authorized agents or contractors, will restore the lands within the Temporary Construction Easement as closely as practicable to their condition prior to Transco's use, and restore private and public property, such as fences, gates, driveways, and roads disturbed by Transco's construction work to original or better condition; provided, however, that Transco will not replant any trees, shrubs or crops removed during construction of the Project, except where otherwise required by FERC pursuant to any applicable terms or conditions of the Certificate. Transco will also undertake any additional land restoration measures within the Temporary Construction Easement as FERC or any federal or state authorities may order or direct, to the extent that such measures are required by the terms of the Certificate or any applicable federal or state permits relating to the Project.

During the term of the Temporary Construction Easement, no owner or owners of the Property shall interfere with, impede, or obstruct any construction or restoration work or activities relating to the Project within the Temporary Construction Easement conducted by Transco or its agents or contractors, or allow others to do so.

So long as it remains in force and effective, the Temporary Construction Easement, and all rights and obligations associated with it, shall run with the land and be binding upon any and all owners or other persons having an interest in the Property now or in the future.

The Temporary Construction Easement, and any and all rights and obligations associated with it, shall terminate and become null and void upon the final completion of Transco's construction and restoration activities relating to the Project.

The Temporary Construction Easement shall not reduce, limit or alter any rights or obligations under any "Existing Easement Agreement" or "Existing Easement Agreements" as may be identified and described in the Complaint as applicable to the Property.