U.S. EX REL. TVA. v. EASEMENTS & RIGHTS OF 15.69 AC.

Civil Action No. 4:08-CV-0066-HLM.

589 F.Supp.2d 1349 (2008)

UNITED STATES of America upon the relation and for the use of the TENNESSEE VALLEY AUTHORITY, Plaintiff, v. EASEMENTS AND RIGHTS OF-WAY OVER A TOTAL OF 15.69 ACRES OF LAND, MORE OR LESS, IN GORDON COUNTY, GEORGIA, Janie Sue Caudle, individually and as co-executor of the estates of J.W. Moss, Jr., and Willene R. Moss, also known as Jane Moss Caudle, and Jonathan W. Moss, III, as co-executor of the estates of J.W. Moss, Jr., and Willene R. Moss, Defendants.

United States District Court, N.D. Georgia, Rome Division.

December 4, 2008.


Attorney(s) appearing for the Case

Edwin W. Small, Philip J. Pfeifer, Tennessee Valley Authority, Office of the General Counsel, Knoxville, TN, for Plaintiff.

Donald C. Evans, Jr., Vaughan & Evans, Cartersville, GA, for Defendants.


ORDER

HAROLD L. MURPHY, District Judge.

This is a condemnation action brought by the United States of America on behalf of the Tennessee Valley Authority ("TVA"). The case is before the Court on Plaintiffs Motion for Judgment on the Pleadings With Respect to Defendants' Defenses to the Taking [11].

I. Background

A. Procedural Background

On April 25, 2008, Plaintiff filed its Complaint in this action. (Docket Entry No. 1...

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