?LEGAL NOTICE
UNITED STATES
DISTRICT COURT
WESTERN DISTRICT
OF LOUISIANA
CIVIL ACTION
NO.
JUDGE
CIVIL ACTION
JUDGE
MAGISTRATE
PORT ARTHUR
PIPELINE, LLC
v.
12.01 Acres of Land, more or less, in Calcasieu and Cameron Parishes and: (1) Jeremy Broussard; (2) the Estate of Patricia Ryan Cenac, through an unknown representative; (3) Shane Cole; (4) Michael Larry Comeaux; (5) the Estate of Arthur Coney, through an unknown representative; (6) the Estate of Jessie Pauline Vankleck Coney, through an unknown representative; (7) Jackson Joseph Constance; (8) Curray Corporation; (9) Leslie Gilmore DeSoto; (10) Benji Jean C. Duhon; (11) James H. Dupuis, Sr., Testamentary Trust, through an unknown trustee; (12) Steven J. Dupuis, Sr., Testamentary Trust, through an unknown trustee; (13) the Estate of Cindy Lou McFatter Fowler, through an unknown representative; (14) the Estate of Joe L. Gamblin, through an unknown representative; (15) Virginia M. Gayle; (16) the Estate of Ira A. Gilmore, through an unknown representative; (17) the Estate of Adrienne Gunther, through an unknown representative; (18) the Estate of Martha Babcock Heasley, through an unknown representative; (19) the Estate of Elbourgene Horsley, through an unknown representative; (20) Beverly Jeanise Houssiere; (21) Paul Austin Jones, Jr.; (22) Karen Levitt; (23) Ron Levitt; (24) the Estate of George Liskow, through an unknown representative; (25) Andrea Michelle Morton Leggat; (26) the Estate of Jacqueline Hope Matthews, through an unknown representative; (27) the Estate of Theresa Hebert Mire, through an unknown representative; (28) Joshua Morton; (29) Geraldine Nickells; (30) the Estate of Elizabeth Orndorff, through an unknown representative; (31) the Estate of Marguerite Perry, through an unknown representative; (32) the Estate of Jo Vita Player, through an unknown representative; (33) Deborah Sue Pomeroy; (34) the Estate of Shelley Van Geffen Poole, through an unknown representative; (35) Libby Propsma; (36) the Estate of Rita Mae B. Racca, through an unknown representative; (37) the Estate of Winnie Lea Ford Rogge, through an unknown representative; (38) the Estate of George N. Ronstrom, through an unknown representative; (39) the Estate of Charles Robert Ryan, through an unknown representative; (40) the Estate of Roland Leonida Ryan, through an unknown representative; (41) the Estate of Earline Horsley Scott, through an unknown representative; (42) J.H. Spector & Sons; (43) Roxanne Marie C. Stelly; (44) Tete, William T.; (45) the Estate of George H. Van Geffen, through an unknown representative; (46) the Estate of Thomas D. Van Geffen, Sr., through an unknown representative; (47) the Estate of Patsy Schiel Ward, through an unknown representative; (48) Marie Horsley Whitmire.
FRCP RULE 71.1(D)
NOTICE OF
COMMENCEMENT OF
CONDEMNATION ACTION
To:
(1) Jeremy Broussard;
(2) The Estate of Patricia Ryan Cenac, through an unknown representative;
(3) Shane Cole;
(4) Michael Larry Comeaux;
(5) The Estate of Arthur Coney, through an unknown representative;
6) The Estate of Jessie Pauline Vankleck Coney, through an unknown representative;
(7) Jackson Joseph Constance;
(8) Curray Corporation;
(9) Leslie Gilmore DeSoto;
(10) Benji Jean C. Duhon;
(11) James H. Dupuis, Sr., Testamentary Trust, through an unknown trustee;
(12) Steven J. Dupuis, Sr., Testamentary Trust, through an unknown trustee;
(13) The Estate of Cindy Lou McFatter Fowler, through an unknown representative;
(14) The Estate of Joe L. Gamblin, through an unknown representative;
(15) Virginia M. Gayle;
(16) The Estate of Ira A. Gilmore, through an unknown representative;
(17) The Estate of Adrienne Gunther, through an unknown representative;
(18) The Estate of Martha Babcock Heasley, through an unknown representative;
(19) The Estate of Elbourgene Horsley, through an unknown representative;
(20) Beverly Jeanise Houssiere;
(21) Paul Austin Jones, Jr.;
(22) Karen Levitt;
(23) Ron Levitt;
(24) The Estate of George Liskow, through an unknown representative;
(25) Andrea Michelle Morton Leggat;
(26) the Estate of Jacqueline Hope Matthews, through an unknown representative;
(27) the Estate of Theresa Hebert Mire, through an unknown representative;
(28) Joshua Morton;
(29) Geraldine Nickells;
(30) The Estate of Elizabeth Orndorff, through an unknown representative;
(31) The Estate of Marguerite Perry, through an unknown representative;
(32) The Estate of Jo Vita Player, through an unknown representative;
(33) Deborah Sue Pomeroy;
(34) The Estate of Shelley Van Geffen Poole, through an unknown representative;
(35) Libby Propsma;
(36) The Estate of Rita Mae B. Racca, through an unknown representative;
(37) The Estate of Winnie Lea Ford Rogge, through an unknown representative;
(38) The Estate of George N. Ronstrom, through an unknown representative;
(39) The Estate of Charles Robert Ryan, through an unknown representative;
(40) The Estate of Roland Leonida Ryan, through an unknown representative;
(41) The Estate of Earline Horsley Scott, through an unknown representative;
(42) J.H. Spector & Sons;
(43) Roxanne Marie C. Stelly;
(44) Tete, William T.;
(45) The Estate of George H. Van Geffen, through an unknown representative;
(46) The Estate of Thomas D. Van Geffen, Sr., through an unknown representative;
(47) The Estate of Patsy Schiel Ward, through an unknown representative;
(48) Marie Horsley Whitmire.
PLEASE TAKE NOTICE, that on March 14, 2024, a Complaint for Condemnation was filed in the above-captioned matter by Plaintiff, Port Arthur Pipeline, LLC, (“Port Arthur”), in which these individuals or entities are named defendants.
NATURE OF ACTION
The above-captioned matter is an action by Port Arthur, pursuant to the Natural Gas Act, 15 U.S.C. § 717(h), and its Certificate of Public Convenience and Necessity issued by the Federal Regulatory Commission (hereinafter “FERC”) in FERC Docket No. CP18-7-000, CP17-21-000, & CP17-21-001; and for the condemnation of a servitude encumbering the property described below in which you assert an ownership interest.
DESCRIPTION OF
DEFENDANTS’
PROPERTY AND
INTEREST TO BE TAKEN
The property from which the acreage to be condemned is to be taken, and the owners of each tract, is described as follows:
A. TRACT CAL-303
? OWNERSHIP (partial, undivided co-ownership)
˚Jeremy Broussard;
˚James H. Dupuis, Sr., Testamentary Trust, through an unknown trustee;
˚Steven J. Dupuis, Sr., Testamentary Trust, through an unknown trustee;
˚Estate of Adrienne Gunther, through an unknown representative;
˚Estate of Therese Mire, through an unknown representative;
˚Geraldine Nickells;
˚Estate of Marguerite Perry, through an unknown representative;
˚Estate of Jo Vita Player, through an unknown representative;
˚Estate of Shelley Van Geffen Poole, through an unknown representative;
˚Estate of Rita Mae B. Racca, through an unknown representative;
˚Estate of George H. Van Geffen, through an unknown representative; and
˚Estate of Thomas D. Van Geffen, Sr., through an unknown representative.
? Property from which tract to be expropriated
Approximately 9.8 acres in Section 9, Township 9 South, Range 10 West, Calcasieu Parish
? Calcasieu Tax Parcels: 00138768, 01347209, 00138835, 00147850, 00157384, 00147834, 001353291, 01362656, 00147834, 01340624, 01349487, 01154931, 0018851, 00146072, 00124730
? Specific tracts to be appropriated, as depicted on Exhibit A to the complaint, and limited to the specific undivided co-ownership interests of the named defendant(s:
˚ CAL-303
? Comprising total acreage of .46 acres in permanent easement and .70 acres in temporary workspace, all as shown on Exhibit A to the complaint.
B. TRACT CAL-305
? OWNERSHIP (partial, undivided co-ownership)
˚The Estate of Martha Babcock Heasley, through an unknown representative
? Property from which tract to be expropriated:
Approximately 10.18 acres in Section 9, Township 9 South, Range 10 West, Calcasieu Parish
? Calcasieu Parish Tax Parcel 00175749B
? Specific tracts to be appropriated, as depicted on Exhibit B to the complaint, and limited to the specific undivided co-ownership interests of the named defendant(s:
˚ CAL-305
? Comprising total acreage of .53 acres in permanent easement, .93 acres in temporary workspace, and .07 acres in additional temporary workspace, all as shown on Exhibit B to the complaint.
C. TRACT CAL-372
? OWNERSHIP (partial, undivided co-ownership)
˚ William T. Tete
? Property from which tract to be expropriated:
˚ 41.25 acres, more or less, in Section 8, Township 8 South, Range 9 West, Calcasieu Parish, Louisiana
? Calcasieu Parish Tax Parcel 00231177, 01357942, 00537640, 00838438
? Specific tracts to be appropriated, as depicted on Exhibit C to the complaint, and limited to the specific undivided co-ownership interests of the named defendant(s:
˚ CAL-372
? Comprising total acreage of .60 acres in permanent easement, .53 acres in temporary workspace, and .33 acres in additional temporary workspace, all as shown on Exhibit C to the complaint.
D. TRACT CAL-378
? OWNERSHIP (partial, undivided co-ownership)
˚ Estate of Arthur Coney, through an unknown representative; o Estate of Cindy Lou McFatter Fowler, through an unknown representative;
˚ Estate of Roland Leonidas Ryan, through an unknown representative; o Estate of Charles Robert Ryan, through an unknown representative;
˚ Estate of Winnie Lee Ford Rogge, through an unknown representative; o Shane Cole; ˚ Estate of Marie Horsley Whitmire, through an unknown representative;
˚ Estate of Elbourgene Horsley, through an unknown representative;
˚ Estate of Patricia Ryan Cenac, through an unknown representative;
˚ Estate of Jessie Pauline Vankleck Coney, through an unknown representative;
˚ Estate of Joe Gamblin, through an unknown representative;
˚ Andrea Michelle Morton Leggat;
˚ Joshua Morton;
˚ Deborah Sue Pomeroy;
˚ Libby Propsma; and
˚ Estate of Earline Horsley Scott, through an unknown representative
? Property from which tract to be expropriated:
˚ Approximately 25.00+ Acre Tract in Section 9, Township 8 South, Range 9 West, Calcasieu Parish, Louisiana.
? Calcasieu Parish Tax Parcels: 00820180; 00022098; 00004650; 00006408.
? Specific tracts to be appropriated, as depicted on Exhibit D to the complaint, and limited to the specific undivided co-ownership interests of the named defendants:
˚ CAL-378
? Comprising total acreage of 0.63 acres in permanent easement and 0.98 acres in temporary workspace as noted on Exhibit D to the complaint.
E. TRACT CAL-379
? OWNERSHIP (partial, undivided co-ownership)
˚ The Estate of A.J. Jones, through an unknown representative.
? Property from which tract to be expropriated:
˚ Approximately 20.00+ Acre Tract in Section 9, Township 8 South, Range 9 West, Calcasieu Parish, Louisiana.
? Calcasieu Parish Tax Parcels: 0017043, 01364691, 00016896, 01364690, 013646908, 01364690A.
? Specific tracts to be appropriated, as depicted on Exhibit E to the complaint, and limited to the specific undivided co-ownership interests of the named defendants:
˚ CAL-379
?Comprising total acreage of 0.32 acres in permanent easement and 1.41 acres in temporary workspace as noted on Exhibit E to the complaint.
F. TRACT CAL-437
? OWNERSHIP (partial, undivided co-ownership)
(1) The Estate of Patsy Schiel Ward, through an unknown representative;
(2) The Estate of George Liskow, through an unknown representative;
(3) The Estate of Jacqueline Hope Matthews, through an unknown representative;
(4) The Estate of George N. Ronstrom, through an unknown representative
? Property from which tract to be expropriated:
˚ Approximately 9.74+ Acre Tract in Section 7, Township 11 South, Range 10 West, Calcasieu Parish, Louisiana.
? Calcasieu Parish Tax Parcels: 00125032, 00171018, 00182478, 00181498, 01030221, 00156213, 01189255, 01189344, 01189336, 01324995, 00176893, 00159859, 00173770, 00118346 and 00152536
? Specific tracts to be appropriated, as depicted on Exhibit F to the complaint, and limited to the specific undivided co-ownership interests of the named defendants:
˚ CAL-437
? Comprising total acreage of 0.29 acres in permanent easement and 0.28 acres in temporary workspace as noted on Exhibit F to the complaint.
G. TRACT CAL-443
? OWNERSHIP (partial, undivided co-ownership)
(1) The Estate of Ira A. Gilmore, through an unknown representative;
(2) Leslie Gilmore DeSoto;
(3) Ron Levitt;
(4) Curray Corporation;
(5) Karen Levitt;
(6) The Estate of Elizabeth Orndorff, through an unknown representative
? Property from which tract to be expropriated:
˚ Approximately 35.35+ Acre Tract in Sections 7 and 8, Township 11 South, Range 10 West, Calcasieu Parish, Louisiana.
? Calcasieu Parish Tax Parcels: 01121421
? Specific tracts to be appropriated, as depicted on Exhibit G to the complaint, and limited to the specific undivided co-ownership interests of the named defendants:
˚ CAL-443
? Comprising total acreage of 0.55 acres in permanent easement as noted on Exhibit G to the complaint.
H. TRACTS CAM-004 AND 005
? OWNERSHIP (partial, undivided co-ownership)
˚ Jeremy Broussard;
˚ Michael Larry Comeaux;
˚Jackson Joseph Constance;
˚ Benji Jean C. Duhon;
˚ Virginia M. Gayle;
˚ Estate of Adrienne Gunther, through an unknown representative;
˚ Beverly Jeanise Houssiere;
˚ J.H. Spector & Sons;
˚ James H. Dupuis, Sr., Testamentary Trust, through an unknown trustee;
˚ Estate of Therese Mire, through an unknown representative;
˚ Geraldine Nickells; o Estate of Marguerite Perry, through an unknown representative;
˚ Estate of Jo Vita Player, through an unknown representative;
˚ Estate of Shelley Van Geffen Poole, through an unknown representative;
˚ Estate of Rita Mae B. Racca, through an unknown representative;
˚ Roxanne Marie C. Stelly; o Steven J. Dupuis, Sr., Testamentary Trust, through an unknown trustee;
˚ Estate of George H. Van Geffen, through an unknown representative; and
˚ Estate of Thomas D. Van Geffen, Sr., through an unknown representative.
? Property from which tract to be expropriated:
˚ Approximately 67.96 Acre Tract in Sections 27 and 31, Township 12 South, Range 14 West, Cameron Parish, Louisiana.
? Cameron Parish Tax Parcel 0501056000.
? Specific tracts to be appropriated, as depicted on Exhibit H to the complaint, in globo, and limited to the specific undivided co-ownership interests of the named defendants:
˚ CAM-004 and CAM-005
? Comprising total acreage in CAM-004 of 0.60 acres in permanent easement and 1.06 acres of additional temporary workspace, all as shown on Exhibit H to the complaint.
? Comprising total acreage in CAM-005 of 0.73 acres in permanent easement, 0.10 acres in temporary workspace, 0.39 acres in additional temporary workspace, and .52 acres for permanent access road, all as shown on Exhibit H to the complaint.
Pursuant to the Certificate of Public Convenience and Necessity issued to Port Arthur by FERC, Port Arthur needs and is entitled to acquire a right-of-way servitude on the Property, as described in Exhibit I to the complaint.
USE FOR WHICH
THE PROPERTY
IS TO BE TAKEN
Port Arthur is planning to construct and operate a new, approximately 139-mile, 42-inch diameter lateral pipeline to the Port Arthur LNG liquified natural gas terminal located in Cameron Parish, Louisiana, as well as new compression station and appurtenant facilities. On the described properties, Port Arthur is planning to construct, utilize and maintain a pipeline and a temporary access road.
The use of the particular acreage to be condemned includes permanent pipeline easement and temporary workspace.
AUTHORITY FOR
THE TAKING
Port Arthur has the right of eminent domain under the Natural Gas Act, 15 U.S.C. § 717f (h).
APPEARANCE OR
ANSWER
THE LISTED INDIVIDUALS AND ENTITIES ARE FURTHER NOTIFIED that if any such individuals or entities have an objection or defense to the condemnation, he/she/it may serve on the undersigned counsel for Port Arthur, within twenty-one (21) days after personal service or publication of this notice, an answer identifying the portion of the property in which such individual or entity claims an interest; stating the nature and extent of the interest claimed; and stating all such individual’s or entity’s objections and defenses to condemnation of the property. The failure of any individual or entity listed in this notice to serve an answer will constitute the consent of such individual or entity to: (1) the taking of the subject property rights; (2) the Court’s authority to proceed to hear the action; and (3) the Court’s authority to adjudge the just compensation such individual or entity might have as a result of the condemnation.
THE LISTED INDIVIDUALS AND ENTITIES ARE FURTHER NOTIFIED that if such individuals or entities have no objection or defense to the condemnation of the Property, such individuals or entities may serve on Port Arthur’s attorney a notice of appearance, designating any portion of the Property in which such individual or entity claims an interest, and thereafter shall receive notice of all proceedings affecting the Property.
EACH INDIVIDUAL OR ENTITY LISTED HEREIN IS FURTHER NOTIFIED that at the trial of the issue of just compensation, whether or not such individual or entity has answered or served a notice of appearance, such individual or entity may present evidence regarding the amount of compensation to be paid for the Property in which such individual or entity has an interest and such individual or entity may share in the distribution of the compensation award.
Respectfully submitted:
/s/Alan J. Berteau
Richard D. McConnell, Jr. (#29973)
Richard.mcconnell@
keanmiller.com
Alan J. Berteau (#17915)
Alan.berteau@
keanmiller.com
KEAN MILLER LLP
400 Convention Street,
Suite 700
P. O. Box 3513 (70821-3513)
Baton Rouge, LA 70802
(225) 387-0999
Phillip W. DeVilbiss (#26263)
Phillip.devilbiss@
keanmiller.com
4865 Ihles Road
Lake Charles, LA 70605
Telephone: (337) 430-0350
Facsimile: (337) 436-5566
Attorneys for Port Arthur Pipeline, LLC
RUN: Mar. 21, 28, Apr. 4, 11 (M 38)