Midship Pipeline Company, LLC v. 2.331, 2.435, 0.458 acres, Bryan County, Oklahoma et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
MIDSHIP PIPELINE COMPANY,
LLC,
§
§
§
§
Plaintiff, 	§
§
Case Number: 6:18-cv-302-RAW
vs. 	§
§
TRACT NO. BR-0860.000,
2.331 ACRES OF LAND, MORE OR
LESS, PERMANENT EASEMENT
(PIPELINE RIGHT-OF-WAY), IN
BRYAN COUNTY, OKLAHOMA, et
al,
§
§
§
§
§
§
§
Judge Ronald A. White
Defendants. 	§
ORDER AFFIRMING COMMISSION’S REPORT AND_RECOMMENDATIONS
AND AWARDING JUST COMPENSATION
AND NOW, this 30 th day of May, 2023, after careful review of the Commission’s
Report and Recommendations (“Report”) (Doc. 904) regarding just compensation due to
the defendant landowners, including any heirs, successors and assigns of the named
defendants, and any unknown owners of the below-named tracts, for the taking and
damages to the remainder, if any, caused by Plaintiff Midship Pipeline Company, LLC’s
taking on January 3, 2019, of the permanent easements, use of the temporary workspace
and access easements for two years (January 3, 2019 -- January 3, 2021), and the
Commission’s Order granting in part Midship’s Motion for Summary Judgment (Doc.
870), the Court hereby Orders as follows:
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1. 	Plaintiff Midship Pipeline Company, LLC is granted the easement rights on
the terms set forth in the Fourth Verified Complaint for Condemnation on, over, across and
under the tracts of land in Bryan, Carter and Johnston Counties, Oklahoma, more
particularly described and depicted in the Verified Complaint for Condemnation as
amended in the First, Second, Third and Fourth Verified Complaints with exhibits thereto,
and listed in the Exhibit A to the Report.
2. 	The Court adopts the findings of the Commission in full, except as otherwise
noted below, and awards the amounts listed in the Exhibit A hereto plus any interest
accrued on the amount of the award in the interest-bearing account of the Clerk of Court.
Per the Commission’s findings, awards of just compensation are in satisfaction of all claims
of damage asserted or which could have been asserted by all defendants with regard to the
specific tracts in this matter as a result of imposition of the easements sought by Midship,
but do not include any separate amounts for damage occasioned by negligent construction,
if any, or any damage occasioned by the failure, if any, of Midship to follow or implement
any required remediation plan with respect to the properties which are the subject of this
Order.
3. 	The Court FURTHER ORDERS Midship to prepare in accordance with this
Order and the Order on Summary Judgment and submit to the Court separate Judgments
for each property listed on the Exhibit A hereto for entry and to enable subsequent
recording in the Public Records of the corresponding county.
4. 	Upon entry of the Judgments, each Landowner shall be entitled to draw from
the funds deposited by Midship with the Clerk of Court in the interest-bearing account for
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its ownership share of the amount of the awarded just compensation plus any interest
accrued on the amount of the award in the interest-bearing account of the Clerk of Court
for the easements which burden lands in which such Landowner owns or claims an interest
by submitting a motion to withdraw. 	If multiple persons claim an interest in any of the
lands burdened by any Easement taken, each Landowner claiming an interest may
withdraw its proportionate share of the funds identified for that Easement and attributable
to its claimed interest. If there is a dispute as to any Landowner’s entitlement to funds
identified for a specific Easement, the Court will—upon motion by an affected party—
determine each Landowner’s entitlement to such funds. Withdrawal of funds pursuant to
this Order shall be conditioned upon submission to the Clerk of Court of a signed IRS W-
9 form.
IT IS SO ORDERED this 30 th day of May, 2023.
____________________________________
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
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EXHIBIT A
Tract(s) No(s) 	Defendant(s) - Landowner(s) 	Total Just
Compensation
to
Landowners
Defendants - Third
Parties
Total Just
Compensation to
Third Parties
BR-0860.000 	Larry Hughes and Jerry Hughes 	$6,285.00 	Central Land Consulting,
LLC
$0
BR-0893.000 	Hazel 	C. 	Haggerty, 	as 	Personal
Representative of the estate of Don M.
Haggerty, and Irish Venture Trust, Hazel
C. 	Haggerty 	Trustee, 	or 	s 	Successor
Trustee
$26,500.00 	Central Land Consulting,
LLC
$0
BR-0894.000 	Irish Venture Trust, Hazel C. Haggerty
Trustee, or s Successor Trustee
$500.00 	Central Land Consulting,
LLC
$0
BR-0903.000,
BR-0904.000 and
BR- 0905.000
Misty 	Hall 	Murphree; 	Marla 	Hall
Richardson; Megan Pearl Murphree; Alex
Wendell 	Wayne 	Murphree; 	Torrey
McGraw Lester; Kasidy Niegal Lester;
Kalan Craig Richardson; Tanner Blane
Richardson; 	Andy 	Jack 	Murphree 	and
Marranda 	Sue 	Murphree, 	husband 	and
wife; 	and 	any 	unknown 	heirs 	and, 	or
legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
$12,700.00 	Central Land Consulting,
LLC
$0
BR-0907.000 and
BR-0909.000
Billy Miller 	$16,143.00 	Central Land Consulting,
LLC
$0
BR-0925.000 	The estate of Donald Andrew Morris, the
executor, or executrix or administrator of
the 	Estate 	of 	Donald 	Andrew 	Morris,
deceased, and all heirs and, or legatees,
$4,625.00 	Farm Credit Services of
East 	Central 	Oklahoma,
FLCA; 	Michi 	Morris;
Bryan County Treasurer;
$0
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devisees, trustees, creditors and assigns of
Donald Andrew Morris , and any unknown
heirs and, or legatees, devisees, trustees,
creditors and assigns of the above-named
defendants, and any unknown owners of the
tract(s)
Central Land Consulting,
LLC;
BR-0943.000 	Settled 	$0 	American Nation Bank 	$0
BR-0945.000 	Settled 	American Nation Bank 	$0
BR-0991.000 and
BR-0993.000
Wayne Caldwell and Donna Caldwell 	$1,000.00 	Central Land Consulting,
LLC
$0
BR-0994.000,
BR-0995.000 and
BR-0996.000
Henderson 	G. 	Anderson 	and 	Sherron
Katherine Anderson, Co-Trustees of the
Anderson Family Revocable Trust under
written agreement dated January 21, 2009
$6,100.00 	Central Land Consulting,
LLC
$0
BR-1000.000 and
BR-1001.000
Nolen G. Grounds and Jackie M. Grounds;
The 	executor, 	executrix 	and, 	or
administrator of the Estate of Paul Akins,
deceased, and all heirs and, or legatees,
devisees, trustees, 	creditors and assigns
of Paul Akins, deceased; the executor,
executrix 	and, 	or 	administrator 	of 	the
Estate of Clifford Akins, deceased, and all
heirs and, or legatees, devisees, trustees,
creditors and assigns of Clifford Akins,
deceased; and any unknown heirs and, or
legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
$2,760.00 	Central Land Consulting,
LLC
$0
BR-1002.000 	The William T Cooley and Frances L
Cooley Survivors Trust, Frances L. Cooley
Trustee; 	Billy 	Gene 	Risner; 	Franklin
James 	Risner; 	David 	Alan 	Risner;
Michelle Berdahl; Charleen Hunter; The
$9,335.00 	Central Land Consulting,
LLC
$0
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Unknown 	Heirs 	of 	Franklin 	Delano
Risener; 	The 	Unknown 	Heirs 	of 	Jack
Wesley Risener; The Unknown Heirs of
George Gunter Risener; The Unknown
Heirs of Billie Gene Risener, et al, and any
unknown heirs and, or legatees, devisees,
trustees, creditors and assigns of the above-
named 	defendants, 	and 	any 	unknown
owners of the tract(s)
CR-0472.000 	The executrix and, or administrator of the
Estate of W. D. Austin, deceased, and all
heirs and, or legatees, devisees, trustees,
creditors and assigns of W. D. Austin,
deceased, et al, and any unknown heirs and,
or legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
$4,218.48 	Central Land Consulting,
LLC
$0
CR-0473.000 	Gene Davis, et al, and any unknown heirs
and, or legatees, devisees, trustees, creditors
and assigns of the above-named defendants,
and any unknown owners of the tract(s)
$1,444.72
CR-0473.010 	The 	executor, 	executrix 	and, 	or
administrator 	of 	Estate 	of 	Margaret 	A.
Taylor, deceased, and 	all heirs and, 	or
legatees, devisees, trustees, creditors and
assigns of Estate of Margaret A. Taylor,
deceased, et al, and any unknown heirs and,
or legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
$500.00
CR-0473.020 	Shirley A. Jones, et al, and any unknown
heirs and, or legatees, devisees, trustees,
creditors and assigns of the above-named
$1,277.00
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defendants, and any unknown owners of the
tract(s)
CR-0480.010 	Virginia 	Johnson, 	whether 	alive 	or
deceased, and, if deceased, the executor,
executrix 	and, 	or 	administrator 	of 	the
Estate of Virginia Johnson, deceased, and
all heirs and, or legatees, devisees, trustees,
creditors and assigns of Virginia Johnson,
deceased, and any unknown heirs and, or
legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
$813.00
CR-0482.000 	Seretta 	Joyce 	Gaines, 	et 	al, 	and 	any
unknown heirs and, or legatees, devisees,
trustees, creditors and assigns of the above-
named 	defendants, 	and 	any 	unknown
owners of the tract(s)
$1,673.00
CR-0483.000 	Rosie Petties, whether alive or deceased,
and, if deceased, the executor, executrix
and, or administrator of the Estate of Rosie
Petties, 	deceased, 	and 	all 	heirs 	and
legatees, devisees, trustees, creditors and
assigns of Rosie Petties, deceased, or her
known 	or 	unknown 	heirs, 	executors,
administrators, legatees, devisees, trustees,
creditors, 	and 	assigns, 	et 	al, 	and 	any
unknown heirs and, or legatees, devisees,
trustees, creditors and assigns of the above-
named 	defendants, 	and 	any 	unknown
owners of the tract(s)
$813.00
CR-0484.000 	Lule 	H. 	Pettus, 	a/k/a 	Lula 	H. 	Pettus,
whether 	alive 	or 	deceased, 	and, 	if
deceased, the executor, executrix and, or
$500.00
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administrator of the Estate of Lule H.
Pettus a/k/a Lula H. Pettus, deceased, and
all heirs and, or legatees, devisees, trustees,
creditors and assigns of Lule H. Pettus,
a/k/a Lula H. Pettus, deceased, et al, and
any 	unknown 	heirs 	and, 	or 	legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
CR-0484.010 	The 	executor, 	executrix 	and, 	or
administrator 	of 	the 	Estate 	of 	Janet
McAfee Ayres, deceased, and all heirs and,
or legatees, devisees, trustees, creditors
and 	assigns 	of 	Janet 	McAfee 	Ayres,
deceased, and any unknown heirs and, or
legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
$500.00
CR-0484.020 	The 	executor, 	executrix 	and, 	or
administrator of the Estate of Anna Mae
Cato, nee Pettus, deceased, and all heirs and,
or legatees, devisees, trustees, creditors and
assigns of Anna Mae Cato, nee Pettus,
deceased, et al, and any unknown heirs and,
or legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
$47.00
CR-0485.000 	The 	executor, 	executrix 	and, 	or
administrator of the Estate of Lawrence
Pettus, deceased, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of Lawrence Pettus, deceased, et
al, and any unknown heirs and, or legatees,
$4.00
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devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
CR-0486.020 	The executrix and, or administrator of the
Estate 	of 	Devola 	Langetta 	Pennon,
deceased, and all heirs and, or legatees,
devisees, trustees, creditors and assigns of
Devola Langetta Pennon, deceased, et al,
and any unknown heirs and, or legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
$46.00 	Mercy Hospital Healdton 	$0
CR-0494.000 	Rosie Breath, whether alive or deceased,
and, if deceased, the executor, executrix
and, or administrator of the Estate of Rosie
Breath, deceased, and 	all heirs and, 	or
legatees, devisees, trustees, creditors and
assigns of Rosie Breath, deceased, et al, and
any 	unknown 	heirs 	and, 	or 	legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
$900.00
CR-0497.000 	The Estate of Charlene Breath, the executor,
or executrix or administrator of the Estate of
Charlene Breath, deceased, and all heirs
and, or legatees, devisees, trustees, creditors
and assigns of Charlene Breath, et al, and
any 	unknown 	heirs 	and, 	or 	legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
$1,104.00
CR-0499.000 	The Unknown Heirs of Clara R. Pettis,
deceased, The Unknown Heirs of Buel
$3,943.00 	Central Land Consulting,
LLC
$0
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Pettus, 	Sr., 	deceased, 	et 	al, 	and 	any
unknown heirs and, or legatees, devisees,
trustees, creditors and assigns of the above-
named 	defendants, 	and 	any 	unknown
owners of the tract(s)
CR-0501.000 	J. T. Phillips, whether alive or deceased,
and, if deceased, the executor, executrix
and, or administrator of the Estate of J. T.
Phillips, deceased, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of J. T. Phillips, deceased, and any
unknown heirs and, or legatees, devisees,
trustees, creditors and assigns of the above-
named defendants, and any unknown
owners of the tract(s)
$454.00
CR-0502.000 and
CR- 0503.000
Gerlene Miller as Personal Representative
of the estates of Isaak Franklin and Annie
B. Franklin, and any unknown heirs and, or
legatees, devisees, trustees, creditors and
assigns of the above-named defendants,
and any unknown owners of the tract(s)
$4,762.00
CR-0517.010 	The 	executor, 	executrix 	and, 	or
administrator of the Estate of Kate Rogene
Lawrence Staggs, deceased, and all heirs
and legatees, devisees, trustees, creditors
and 	assigns 	of 	Kate 	Rogene 	Lawrence
Staggs, deceased, et al, and any unknown
heirs and, or legatees, devisees, trustees,
creditors and assigns of the above-named
defendants, and any unknown owners of the
tract(s)
$3,006.00
CR-0626.000 	Larry D. Smith and Barbara J. Smith 	$7,250.00 	Central Land Consulting,
LLC
$0
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CR-0627.000,
CR- 0628.000
and CR-0629.000
Casey B. Smith and Kristy J. Smith 	$11,413.00 	Central Land Consulting,
LLC; BancFirst
$0
CR-0632.000 and
CR-0634.000
Settled 	$0 	Lindmark Outdoor
Advertising
$0
CR-0636.000 	H&H 1313, Inc. 	$1,240.00 	Central Land Consulting,
LLC
$0
CR-0693.000 	The 	executor, 	executrix 	and, 	or
administrator of the Estate of Fred O.
Lofton, Sr., deceased, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of Fred O. Lofton, Sr., deceased, et
al, and any unknown heirs and, or legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
$7,550.00
CR-0700.000 	The 	executor, 	executrix 	and, 	or
administrator of the Estate of Fred Lofton,
Jr., deceased, and all heirs and, or legatees,
devisees, trustees, creditors and assigns of
Fred Lofton, Jr., deceased, et al, and any
unknown heirs and, or legatees, devisees,
trustees, creditors and assigns of the above-
named 	defendants, 	and 	any 	unknown
owners of the tract(s)
$3,300.00
CR-0701.000 	Denise K. Davis (being one and the same
person as Denise H. Davis), as Special
Administrator of the Estate of Warren H.
Herriott, deceased, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of Warren H. Herriott, deceased;
Denise K. Davis (being one and the same
person as Denise H. Davis), as Special
$3,500.00 	Central Land Consulting,
LLC
$0
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Administrator of the Estate of Sammie J.
Herriott, deceased, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of Sammie J. Herriott, deceased,
and any unknown heirs and, or legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
CR-0701.010 	Lois 	J. 	Lofton 	Revocable 	Trust 	dated
August 1, 1997, Lois J. Lofton, Trustee;
Brenda J. Lofton, and any unknown heirs
and, or legatees, devisees, trustees, creditors
and assigns of the above-named defendants,
and any unknown owners of the tract(s)
$317.00
CR-0703.000 and
CR- 0709.000
Denise K. Davis (being one and the same
person as Denise H. Davis), as Special
Administrator of the Estate of Warren H.
Herriott, deceased, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of Warren H. Herriott, deceased;
Denise K. Davis (being one and the same
person as Denise H. Davis), as Special
Administrator of the Estate of Sammie J.
Herriott, deceased, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of Sammie J. Herriott, deceased,
and any unknown heirs and, or legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
$13,000.00 	Central Land Consulting,
LLC
$0
CR-0704.000 	Estate of Levi Birt, Jr., deceased, and all
heirs and, or legatees, devisees, trustees,
creditors 	and 	assigns 	of 	Levi 	Birt, 	Jr.,
$2,318.00
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deceased, et al, and any unknown heirs and,
or legatees, devisees, trustees, creditors and
assigns of the above-named defendants, and
any unknown owners of the tract(s)
CR-0711.000 	The 	executor, 	executrix 	and, 	or
administrator 	of 	the 	Estate 	of 	Mamie
Hutchins, decease, and all heirs and, or
legatees, devisees, trustees, creditors and
assigns of Mamie Hutchins, deceased, and
any 	unknown 	heirs 	and, 	or 	legatees,
devisees, trustees, creditors and assigns of
the 	above-named 	defendants, 	and 	any
unknown owners of the tract(s)
$500.00
JO-0753.000 	and
JO-0754.000
Raymond A. Hulsey; Ranada D. Hulsey, 	$2,865.00 	Central Land Consulting,
LLC
$0
JO-0758.000 	Robert Eugene Harris, 	$2,384.00 	Central Land Consulting,
LLC
$0
JO-0819.000 	Ralph D. Ragan 	$2,448.00 	Central Land Consulting,
LLC
$0
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