UNITED STATES
DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
PORT ARTHUR
PIPELINE, LLC
v.
9.29 Acres of Land, More or Less, in Calcasieu Parish, Louisiana and the Estate of Kenneth Paul Lyons, through an unknown representative, Helen Jean Schumacher Lyons, Robert Charles Babcock, Deborah McLemore Babcock and Dorothy Lyons Belile, Phillip M. Lyons, Richard J. Lyons and Marie Elder Lyons in their Capacity as Co-Trustees and Representatives of Lyons Family Trust CIVIL ACTION
NO. 2:23-cv-01385-JDC-KK
JUDGE Cain
MAGISTRATE Kay
AMENDED FRCP RULE 71.1(D) NOTICE OF
COMMENCEMENT OF CONDEMNATION
ACTION
To: The Estate of Kenneth Paul Lyons, through an unknown representative
Helen Jean Schumacher Lyons
531 W. Lincoln Street
Sulphur, LA 70663
Robert Charles Babcock
450 Kim Street
Sulphur, LA 70663
Deborah McLemore Babcock
450 Kim Street
Sulphur, LA 70663
Dorothy Lyons Belile, in her capacity as Co-Trustee of the Lyons Family Trust
1003 Castian Lane
Houston, TX 77090
Marie Elder Lyons, in her capacity as Co-Trustee of the Lyons Family Trust
12438 Meadow Lake Drive
Houston, TX 77077
Phillip M. Lyons, Sr., in his capacity as Co-Trustee of the Lyons Family Trust
223 West Sherwood Drive
Alvin, TX 77511
Richard Joseph Lyons, in his capacity as Co-Trustee of the Lyons Family Trust
1416 Park Street
Winnie, TX 77665
PLEASE TAKE NOTICE, that on March 26, 2024 a Complaint for Condemnation was filed in the above-captioned matter by Plaintiff, Port Arthur Pipeline, LLC, (Port Arthur), in which you are a defendant.
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 in-terest.
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:
CO-OWNERSHIP
oThe Estate of Kenneth Paul Lyons, through an unknown representative (as to all tracts)
oHelen Jean Schumacher Lyons (as to all tracts)
oLyons Family Trust (as to all tracts)
oRobert Charles Babcock (as to all tracts except CAL-462 and CAL-464)
oDeborah McLemore Babcock (as to all tracts except CAL-462 and CAL-464)
Property from which tract to be expropriated:
oApproximately 129.11 Acre tract in Section 28, Township 9 South, Range 10 West, Calcasieu Parish.
Calcasieu Parish Tax Parcels: 01321129, 01321128, 01164023, 01256912 and 01234536
Specific tracts to be appropriated, as depicted on Exhibit A:
oCAL-266
oCAL-270
oCAL-459
oCAL-461
oCAL-462
oCAL-463
oCAL-464
Comprising total acreage of 4.07 acres for permanent pipeline servitude, 3.96 acres for temporary workspace, and additional temporary workspace of 1.26 acres as noted on Exhibit A.
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 A 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 your property, 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
YOU ARE FURTHER NOTIFIED that if you have an objection or defense to the condemnation, you may serve on the undersigned counsel for Port Arthur, within twenty-one (21) days after service of the notice on you, an answer identifying the por-tion of the property in which you claim an interest; stating the nature and extent of the interest claimed; and stating all your objections and defenses to condemnation of the property. Your failure to serve an answer will constitute your consent to: (1) the taking of the subject property rights; (2) the Courts authority to proceed to hear the action; and (3) the Courts authority to adjudge the just compensation you might have as a result of the condemnation.
YOU ARE FURTHER NOTIFIED that if you have no objection or defense to the condemnation of the Property, you may serve on Port Arthurs attorney a notice of appearance, designating any portion of the Property in which you claim an interest, and thereafter, you shall receive notice of all proceedings affecting the Property.
YOU ARE FURTHER NOTIFIED that at the trial of the issue of just compen-sation, whether or not you have answered or served a notice of appearance, you may present evidence regarding the amount of compensation to be paid for the Property in which you have an interest and you 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
Amanda Deto-Sloan (#38190)
amanda.deto-sloan
@keanmiller.com
KEAN MILLER LLP
909 Poydras Street, Suite 3600
New Orleans, LA 70112
Telephone:
(504) 585-3050
Facsimile:
(504) 585-3051
Attorneys for Port Arthur Pipeline, LLC
Apr 20, 25, May 2 3t
1811717