United States v. A Temporary Right to Enter upon Land in Monroe County, Tennessee
3:21-cv-00228
E.D. Tenn.Dec 9, 2021Background
- TVA planned a transmission-line upgrade/new build in Loudon and Monroe Counties and needed to survey/site parcels for the project.
- Tamela and Robin Mouron own the Monroe County parcel at issue (tax map 019 055.03).
- TVA filed a condemnation action on June 23, 2021 seeking a temporary right to enter; the court entered an Order of Possession on July 7, 2021.
- TVA completed surveying/siting and vacated the property; the sole remaining issue was compensation for the temporary taking.
- TVA submitted the affidavit of its appraiser/manager (Ivan Antal) valuing the temporary right at $10 and deposited $10; the Mourons did not appear or oppose the summary-judgment motion.
- The court granted TVA’s summary-judgment motion and awarded nominal damages of $10, directing disbursement of the deposit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper compensation for temporary right to enter | Antal affidavit: fair-market value of temporary right to enter is $10 | No appearance or evidence presented | Court awarded nominal damages of $10 and granted summary judgment |
| Whether court (not jury) should determine amount when no jury demanded | No jury requested; court should decide compensation | No appearance; no jury demand | Court determined amount as a matter of law (court, not jury) and entered judgment |
Key Cases Cited
- Kirby Forest Indus., Inc. v. United States, 467 U.S. 1 (1984) (just compensation equals fair market value)
- United States v. 564.54 Acres of Land, More or Less, Situated in Monroe and Pike Cntys., Penn., 441 U.S. 506 (1979) (fair-market-value measure for takings)
- Olson v. United States, 292 U.S. 246 (1934) (valuation of temporary takings by before-and-after market value)
- United States v. Miller, 317 U.S. 369 (1943) (court may fix compensation when no jury trial is demanded)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary-judgment burden-shifting rules)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (standard for evaluating summary-judgment evidence)