Jones v. Sabal Trail Transmission LLC

The appellant property owner failed to show reversible error in the grant of declaratory judgment and injunctive relief authorizing a company to enter and survey her property for a proposed natural gas pipeline.

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This appeal is from a trial court’s grant of declaratory judgment and injunctive relief authorizing a company to enter and survey certain property for a proposed natural gas pipeline. The appellant property owner claims that she did not get adequate notice that the hearing on the appellant’s petition would consolidate the interlocutory injunction and declaratory judgment requests set forth in the petition; however, the record shows that she did receive sufficient notice and that she acquiesced in the consolidated hearing on both issues. The appellant also claims that the trial court erred in applying state law in this matter because it is preempted by federal law, but she waived this issue by not raising it below. Likewise, the appellant’s argument that the appellee did not meet the definition of the term pipeline company as it is used in two code sections was also waived because it was not raised in the trial court. Finally, appellant contends that the appellee was required to obtain a certain federal certificate before it could be authorized under a state statute to survey her property; however, the plain language of the applicable state statute imposes no such requirement. Because the appellant has failed to show reversible error, we affirm.

Sabal Trail Transmission, LLC was hired to construct and operate a natural gas pipeline that will begin in Alabama, run through Georgia, and end in Florida. Sabal Trail has already surveyed approximately 99 percent of the proposed pipeline route, which will traverse property owned by Sandra Jones in Colquitt County. Sabal Trail requested permission to enter Jones’ property to perform the survey, but Jones refused the request.

Jones v. Sabal Trail Transmission LLC

The appellant property owner failed to show reversible error in the grant of declaratory judgment and injunctive relief authorizing a company to enter and survey her property for a proposed natural gas pipeline.

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