Millenium Pipeline v. Certain Easements, Thayer Road

U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Real Property

New York Law Journal

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Judge David larimer

The court's May 4, 2011, order granted Millenium Pipeline an easement, under the Natural Gas Act, to build a natural gas pipeline on, or adjacent to, Hendricks's property. Its July 1, 2011, order denied Hendricks's motion for stay pending appeal. The court granted Millenium's instant motion seeking to bar testimony by Hendricks' expert, grant of summary judgment as to compensation, and to fix the amount of Hendricks's just compensation at $8,258. Hendricks' submission did not meet the requirements of Federal Rule of Civil Procedure 26(a)(2). None set forth the witness's qualifications, nor did the submissions provide a complete statement of all of the witness's opinions and that bases for them, the facts considered in forming those opinions, or a statement concerning the witness's compensation. Only a timber appraisal purported to assign a dollar value to the property at issue, but did not explain how or why it derived a figure of $5,858 for 16,237 board feet of timber. It was Hendricks's burden to prove the mount of just compensation owed him. Absent admissable proof as to the value of the taking, his general request to cross-examine Millenium's expert was insufficient to defeat Millenium's summary judgment motion.

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