918 F.3d 353
4th Cir.2019Background
- Mountain Valley Pipeline, LLC (MVP) received a FERC certificate to build a 303.5-mile natural gas pipeline and filed condemnation proceedings under the Natural Gas Act to acquire easements on multiple landowners’ properties, including three surface parcels owned by Western Pocahontas Properties, LP (WPPLP).
- MVP sought partial summary judgment on its right to condemn specified temporary and permanent surface easements and asked for a preliminary injunction to obtain immediate access for construction and tree‑clearing to meet project schedules.
- WPPLP sought to introduce evidence at the injunction hearing about potential damage to coal (including coal of an affiliate, Western Pocahontas Properties, LLC (WPPLLC)) not identified in MVP’s complaint and moved to dismiss for failure to join WPPLLC as an indispensable party.
- The district court struck WPPLP’s motion to dismiss (per Rule 71.1 limits on pleadings in condemnation proceedings), excluded evidence concerning property not described in the complaint as irrelevant, granted MVP partial summary judgment on its right to condemn the described easements, and issued a preliminary injunction allowing immediate access.
- WPPLP appealed, arguing (1) improper exclusion of evidence, (2) failure to join WPPLLC as indispensable, and (3) erroneous grants of summary judgment and the preliminary injunction. The Fourth Circuit affirmed in full.
Issues
| Issue | Plaintiff's Argument (MVP) | Defendant's Argument (WPPLP) | Held |
|---|---|---|---|
| Admissibility of evidence about coal and other property not described in complaint | Evidence limited to the taking described by the condemnor; MVP’s delineation of the taking controls relevance | Evidence of likely damage to coal (including affiliate’s coal) is relevant to compensation and injunction bond; should be admitted | Court affirmed exclusion: evidence about property not described in the complaint is irrelevant in the condemnation proceeding (district court did not abuse discretion) |
| Indispensable party (failure to join WPPLLC) | Rule 71.1 requires objections/defenses to be raised in the answer; WPPLP waived by not including the argument in its answer and by filing a motion barred by Rule 71.1 | WPPLP argued WPPLLC’s interests should have been joined as indispensable | Court held WPPLP waived the claim under Rule 71.1; district court properly declined to join WPPLLC |
| Right to condemn (partial summary judgment) | MVP: holds valid FERC certificate, property is necessary, and negotiations failed — statutory requirements met | WPPLP: MVP didn’t offer valuation for coal and withheld engineering analysis; so summary judgment improper | Court held MVP satisfied NGA requirements; WPPLP pointed to no genuine fact dispute preventing summary judgment |
| Preliminary injunction granting immediate access | MVP: irreparable economic harm and construction delay absent injunction; public interest favors immediate possession given FERC approval | WPPLP: immediate possession may cause harm; public interest and equities do not favor injunction | Court held injunction appropriate under Winter factors (likely success, irreparable harm, equities, public interest) and affirmed district court’s exercise of discretion |
Key Cases Cited
- East Tenn. Natural Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004) (district courts may grant injunctions in NGA condemnations when a substantive right exists and Winter factors met)
- United States v. 21.54 Acres of Land, More or Less, in Marshall Cnty., 491 F.2d 301 (4th Cir. 1973) (condemnor controls extent of taking; courts may resolve disputes about what property the condemnor described, but not enlarge the taking)
- United States v. 3,317.39 Acres of Land, More or Less, in Jefferson Cnty., 443 F.2d 104 (8th Cir. 1971) (damages limited to land described in declaration of taking)
- United States v. Clarke, 445 U.S. 253 (U.S. 1980) (inverse condemnation action available to recover value of property taken in fact)
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (U.S. 2008) (four‑factor test for preliminary injunction)
- Columbia Gas Transmission, LLC v. 76 Acres, More or Less, in Balt. & Hartford Cntys., Md., [citation="701 F. App'x 221"] (4th Cir.) (rule that condemnor determines size of easements applies to private companies with delegated eminent domain power)