NEXUS Gas Transmission, LLC v. 0.4 Acres +/- Permanent Easement and 0.8 Acres +/- Temporary Easement of Land in Augusta Township, Washtenaw County, Michigan
4:17-cv-13220
E.D. Mich.Oct 23, 2017Background
- NEXUS Gas Transmission seeks to condemn a permanent and temporary easement across land owned by Glenn and Carol Ladenberger to construct an interstate natural gas pipeline.
- NEXUS acquired a FERC certificate of public convenience and necessity authorizing the pipeline project.
- NEXUS was unable to obtain a voluntary easement from the Ladenbergers and filed a condemnation action under the Natural Gas Act, 15 U.S.C. § 717f(h).
- NEXUS moved for partial summary judgment (confirming condemnation authority) and for a preliminary injunction granting immediate access to and possession of the easement.
- The Ladenbergers did not file written opposition but appeared at the hearing and argued the taking would violate the Fifth Amendment; they did not cite authority or present contrary evidence.
- The Court granted partial summary judgment and a preliminary injunction, awarding NEXUS immediate possession and enjoining the Ladenbergers from interfering.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to condemn under NGA § 717f(h) | NEXUS has a FERC certificate; easement is necessary; negotiations failed | Condemnation violates Fifth Amendment takings (general challenge) | Granted — NEXUS meets statutory requirements and may condemn |
| Preliminary injunction — likelihood of success | NEXUS already won on merits via summary judgment | No specific counterargument presented | Granted — movant succeeded on merits; factor weighs heavily in favor |
| Preliminary injunction — irreparable harm, balance of harms, public interest | Delay or out-of-sequence construction would cause irreparable financial and logistical harm; public interest satisfied by FERC certificate | Loss of easement is defendant's only concrete injury asserted | Granted — irreparable harm found, limited harm to landowners, public interest favors pipeline |
Key Cases Cited
- Certified Restoration v. Dry Cleaning Network, L.L.C., 511 F.3d 535 (6th Cir. 2007) (standard for preliminary injunction factors)
- Columbia Gas Transmission, LLC v. 1.01 Acres, 768 F.3d 300 (3d Cir.) (NGA condemnation right and injunction factors favoring pipeline companies)
- Equitrans, L.P. v. 0.56 Acres, 145 F. Supp. 3d 622 (N.D. W. Va. 2015) (rejecting facial Fifth Amendment challenge to NGA condemnation)