Professional Documents
Culture Documents
v. No. _______________________
COMPLAINT
1. This is an action of a civil nature brought by the United States of America upon the
relation and for the use of the Tennessee Valley Authority for the taking of a temporary right
under the power of eminent domain and for the ascertainment and award of just compensation
2. The authority for the taking is the Tennessee Valley Authority Act of 1933,
3. The public use for which the temporary property right is taken is the conducting of
surveys, core drilling, appraisals, title investigations, and related activities for the acquisition of
an easement and right-of-way for the erection, operation, and maintenance of electric power
4. The right to be acquired is a temporary right to enter upon land designated in the
records of the Tennessee Valley Authority as tract number ECG-1004-TE for the purpose of
conducting surveys, core drilling, appraisals, title investigations, and related activities to
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Case 1:18-cv-00283-TRM-SKL Document 1 Filed 11/20/18 Page 1 of 3 PageID #: 1
determine what portion of said land or interest therein is necessary for the erection, operation,
and maintenance of electric power transmission circuits, the Plaintiff to remain liable for damage
to annual crops and other actual property damage resulting directly from the operations of
5. The land affected by the temporary right herein condemned is located in Hamilton
County, Tennessee, identified as parcel 045 on tax map 007.10, in the office of the Tax Assessor
of said county and state, and described in a deed recorded in Deed Book 4216, page 993, in the
office of the Register of Hamilton County, Tennessee, which description is incorporated herein
6. Nellie Mae Carter owns the property in fee simple by virtue of said deed.
(1) An Order be issued putting the Tennessee Valley Authority as agent of the
(2) Just compensation for the temporary property right taken be ascertained in
(3) A Judgment be entered confirming the vesting of title to the interests sought to be
condemned in the United States of America by virtue of the Declaration of Taking filed herewith.
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(4) The Plaintiff have such other relief as may be lawful and proper.
Respectfully submitted,
s/James S. Chase
James S. Chase (TN BAR 020578)
TVA GENERAL COUNSEL’S OFFICE
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1401
Telephone 865.632.4239
Facsimile 865.632.2422
Email jschase@tva.gov
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VI. CAUSE OF ACTION %ULHIGHVFULSWLRQRIFDXVH
Condemnation of a temporary easement.
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VIII. RELATED CASE(S)
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11/20/2018 s/James S. Chase
FOR OFFICE USE ONLY
v. No. _______________________
DECLARATION OF TAKING
The Tennessee Valley Authority, the authority empowered by law to acquire in the name
of the United States of America the temporary right described in the Complaint of similar title
filed in this Court, hereby files this Declaration of Taking pursuant to 40 U.S.C. §§ 3114-3118
(2012) and declares that said property is hereby taken for the use of the United States of America
acting by and through its agent, the Tennessee Valley Authority, and further declares that:
1. The property taken in this action is the temporary right to enter upon land identified
below and designated in the records of the Tennessee Valley Authority as tract number ECG-
1004-TE for the purpose of conducting surveys, core drilling, title investigations, and related
activities for the acquisition of an easement and right-of-way for the erection, operation, and
maintenance of electric power transmission circuits and communication circuits, the Plaintiff to
remain liable for damage to annual crops and other actual property damage resulting directly
from the operations of Plaintiff’s forces in the conduct of said activities upon said property. The
land affected by the temporary right herein condemned is located in Hamilton County,
Tennessee, identified as parcel 045 on tax map 007.10, in the office of the Tax Assessor of said
2. One Dollar ($1) is the amount estimated by the Tennessee Valley Authority to be just
and liberal compensation for the temporary right taken. This amount will be tendered into Court
3. Attached hereto is an aerial photograph that shows the land affected by the taking of
the temporary right. A more detailed and specific map is not available since the Defendant has
not permitted the Tennessee Valley Authority, its officers, agents, and employees to enter upon
4. The authority under which the temporary right is taken is the Tennessee Valley
5. The Tennessee Valley Authority is of the opinion that the ultimate award probably
Respectfully submitted,
s/James S. Chase
James S. Chase (TN BAR 020578)
TVA GENERAL COUNSEL’S OFFICE
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1401
Telephone 865.632.4239
Facsimile 865.632.2422
Email jschase@tva.gov
NELLI
EMAECARTER
Parcel No.
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v. No. _______________________
NOTICE OF CONDEMNATION
Pursuant to Federal Rule of Civil Procedure 71.1(d)(2), you are hereby notified that the
Plaintiff has commenced the above-entitled action in the United States District Court for the
Eastern District of Tennessee to condemn a temporary right to enter upon land in which you have
or claim an interest for the use of the Tennessee Valley Tennessee Valley Authority in
conducting surveys, core drilling, appraisals, title investigations, and related activities in
connection with the erection, operation, and maintenance of electric power transmission circuits
and communication circuits. The land affected by the temporary right herein condemned is
designated in the records of the Tennessee Valley Authority as tract number ECG-1004-TE,
located in Hamilton County, Tennessee, identified as parcel 045 on tax map 007.10, in the
office of the Tax Assessor of said county and state, and described in a deed recorded in Deed
Book 4216, page 993, in the office of the Register of Hamilton County, Tennessee, which
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The authority for the taking is the Tennessee Valley Authority Act of 1933, as amended,
You are further notified that if you desire to present any objection or defense to the taking
of the temporary right herein condemned, you are required to file your answer with the Clerk of
the Court and to serve it on the Plaintiff’s attorneys within 21 days after service of this notice
upon you. Your answer shall identify the property in which you claim to have an interest, state
the nature and extent of the interest you claim, and state all of your objections and defenses to
the taking. Your failure to file and serve an answer constitutes a consent to the taking and to the
jurisdiction of the Court to proceed to hear the action and to fix the compensation.
If you have no objection or defense to the taking of the temporary right to enter, you need
not file an answer but may instead file with the Clerk of Court and serve on the Plaintiff’s
attorneys a notice of appearance designating the property in which you claim to be interested.
Thereafter you will receive notice of all proceedings in this action affecting the property. In the
event of a trial of the issue of just compensation, whether or not you have previously appeared or
answered, you may present evidence as to the amount of the compensation to be paid for your
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Federal Rule of Civil Procedure 71.1(d)(2)(B) requires that an address be provided within
the district in which this action is brought where the Plaintiff’s attorneys may be served. Such an
address is James S. Chase, Attorney, Tennessee Valley Authority, 400 West Summit Hill Drive,
Respectfully submitted,
s/James S. Chase
James S. Chase (TN BAR 020578)
TVA GENERAL COUNSEL’S OFFICE
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1401
Telephone 865.632.4239
Facsimile 865.632.2422
Email jschase@tva.gov
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