IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION
No. 17-cv-00595

ATLANTIC COAST PIPELINE, LLC,

Plaintiff,

v.

10.28 ACRES, MORE OR LESS, IN NASH

COUNTY, NORTH CAROLINA, LOCATED
ON PARCEL IDENTIFICATION NO.
021295, IDENTIFIED IN DEED BOOK 1551,
PG. 617, AND OWNED BY O.J. SMITH
FARMS, INC; LOCATED ON
PARCEL IDENTIFICATION NO. 103745,
IDENTIFIED IN DEED BOOK 1803, PG.
464, AND OWNED BY STANLEY C.
ROBBINS AND GEORGIA L. ROBBINS;
LOCATED ON PARCEL IDENTIFICATION
NO. 046314, IDENTIFIED IN DEED BOOK NOTICE OF FILING OF COMPLAINT
1451, PG. 238, AND OWNED BY ORPHA IN CONDEMNATION
GENE WATSON AND MARIA B.
WATSON, Fed. R. Civ. P. 71.1

and

O.J. SMITH FARMS, INC.

12675 NC Highway 48
Whitakers, North Carolina 27891,

SERVE: O. G. Watson, R/A

12675 NC Highway 48
Whitakers, NC 27891

and

STANLEY C. ROBBINS
5139 Country Road
Rocky Mount, North Carolina 27803,

and

Case 5:17-cv-00595-BO Document 1-10 Filed 12/01/17 Page 1 of 5

 GEORGIA L. ROBBINS
5139 Country Road
Rocky Mount, North Carolina 27803,

and

ORPHA GENE WATSON

13207 NC Highway 48
Whitakers, North Carolina 27891,

and

MARIA B. WATSON
13207 NC Highway 48
Whitakers, North Carolina 27891,

Defendants.

Plaintiff Atlantic Coast Pipeline, LLC (Atlantic), by counsel, and pursuant to Federal

Rule of Civil Procedure 71.1(d), hereby notifies you, O.J. Smith Farms, Inc., Stanley C. Robbins,

Georgia L. Robbins, Orpha Gene Watson, and Maria B. Watson, that Atlantic has filed a Complaint

in Condemnation (Complaint) in the United States District Court for the Eastern District of

North Carolina, Western Division. The property interests to be condemned are located on real

property in Nash County, North Carolina, described as (1) Parcel Identification No. 021295, as is

more particularly described in Deed Book 1551, Page 617 of the land records of Nash County,

North Carolina, comprising 28.5 acres, more or less (OJ Property); (2) Parcel Identification No.

103745, as is more particularly described in Deed Book 1803, Page 464, among the land records

of Nash County, North Carolina, and comprised of 34.145 acres, more or less (Robbins

Property); and (3) Parcel Identification No. 046314, as is more particularly described in Deed

Book 1451, Page 238, among the land records of Nash County, North Carolina, comprising 15.4

acres, more or less (Watson Property) (collectively, the Properties).

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Case 5:17-cv-00595-BO Document 1-10 Filed 12/01/17 Page 2 of 5
 PLEASE TAKE FURTHER NOTICE THAT this is an action to condemn the following

property interests, consisting of 10.28 acres, more or less, which are also set forth in the Complaint

and more fully described therein:

OJ Property

1. Permanent Easement: 1.60 Acres

2. Temporary Easement: 2.32 Acres

Robbins Property

1. Permanent Easement: 0.68 Acres

2. Temporary Easement: 0.36 Acres

Watson Property

1. Permanent Easement: 0.55 Acres

2. Temporary Easement: 0.81 Acres

PLEASE TAKE FURTHER NOTICE THAT the authority for the taking is based on

Section 7(h) of the Natural Gas Act, 15 U.S.C. 717f(h). The property interests taken will be used

for the construction, operation, and maintenance of a natural gas pipeline as authorized and

approved by the Federal Energy Regulatory Commission via the issuance of a Certificate of Public

Convenience and Necessity.

PLEASE TAKE FURTHER NOTICE THAT you may serve, in writing, an answer and

grounds of defense to the Complaint, setting forth any objection or defense to the taking or

damaging of the property or to the jurisdiction of the Court to hear the case, and a request to

proceed with either the appointment of Commissioners or empanelment of a jury for the

determination of just compensation, on Atlantics attorney within twenty-one (21) days after being

served with this Notice.

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 PLEASE TAKE FURTHER NOTICE THAT the failure to serve an answer constitutes

consent to the taking and to the Courts authority to proceed with the action and fix the

compensation.

PLEASE TAKE FURTHER NOTICE THAT if you do not serve an answer, you may

file a notice of appearance.

PLEASE TAKE FURTHER NOTICE THAT Atlantic intends to request that the Court

ascertain just compensation for the subject property to be taken upon or after the expiration of

twenty-one (21) days from the service of this Notice.

PLEASE TAKE FURTHER NOTICE THAT Atlantic intends to move for partial

summary judgment, followed by the right of immediate possession of the subject property to be

taken, and intends to seek an expedited hearing or decision on those issues.

This the 1st day of December, 2017.

/s/ Henry L. Kitchin, Jr.

Henry L. Kitchin, Jr.
N.C. State Bar No. 23226
MCGUIREWOODS LLP
Post Office Box 599 (28402)
Wilmington, North Carolina 28401
Telephone: (910) 254-3800
Facsimile: (910) 254-3900
Email: hkitchin@mcguirewoods.com

Sherrod Banks (NC Bar No. 15763)

Email: sbanks@bankslawfirm.com
Danielle Barbour Wilson (NC Bar No. 39516)
Email: dwilson@bankslawfirm.com
The Banks Law Firm, P.A.
P.O. Box 14350
Research Triangle Park, North Carolina 27709
Telephone: (919) 474-9137
Facsimile: (919) 474-9537

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Case 5:17-cv-00595-BO Document 1-10 Filed 12/01/17 Page 4 of 5
 Of Counsel:

John D. Wilburn
Email: jwilburn@mcguirewoods.com
Richard D. Holzheimer, Jr.
Email: rholzheimer@mcguirewoods.com
MCGUIREWOODS LLP
1750 Tysons Boulevard, Suite 1800
Tysons Corner, Virginia 22102
Telephone: (703) 712-5000
Facsimile: (703) 712-5050

Counsel for Atlantic Coast Pipeline, LLC

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