Date: 10-23-2014

Case Style: AEP Oklahoma Transmission Company, Inc. v. Chester L. Eaton, et al.

Case Number: CJ-2012-910

Judge: Gary E. Miller

Court: District Court, Canadian County, Oklahoma

Plaintiff's Attorney: Toney Foster, Clint Russell and Stratton Taylor

Defendant's Attorney: Dustin Compton

Description: COMES NOW the Petitioner, AEP OKLAHOMA TRANSMISSION COMPANY, INC. (AEP), an Oklahoma corporation, by its attorneys, and respectfully states and shows to the Court:
I.
That AEP is a corporation, duly organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, fully authorized and qualified to engaged in the transmission and distribution of electrical energy for light, heat and power purposes to citizens, municipalities and commercial consumers thereof throughout the eastern and southwestern area of the State of Oklahoma, operating as a public utility or public service corporation and, by virtue of the public nature of its business, and specifically Tit. 27 Okia. Stat. Ann. §7 and Tit. 66 Okla. Stat. Ann. §5l to 60, inclusive, AEP is endowed by law with the right of eminent domain in the appropriation and use of lands and rights-of-way necessary to or required by its proper purpose.
II.
That, in due course of its business and as a matter beneficial to the general welfare of the public and the consumers of electrical energy, AEP finds it necessary to construct, operate and maintain a system of electric power transmission line or lines consisting of conductors, support structures with other necessary fixtures, guy wires, and appurtenances for the transmission of electrical current and other forms of energy and for the transmission or communication of data, audio and video information for internal purposes upon, over, and across the lands in Canadian County, Oklahoma, hereinafter described and shown by the plat described as Exhibit “Ar’ attached hereto and made a part hereof for all purposes; that AEP has laid out and accurately surveyed the course of said system upon, over, and across said lands; that AEP needs, in the public interest, to gain access to said lands for the construction, operation, and maintenance of said system across the lands herein described as soon as possible.
III.
That AEP seeks herein, pursuant to its power of eminent domain, to take and appropriate an easement and right-of-way (“Easement”) consisting of the perpetual right, privilege and authority to construct, reconstruct, operate, maintain, alter, inspect, patrol, protect, repair, replace, renew, upgrade, relocate within or along the centerline of the Easement, remove and replace poles, towers, and structures, made of wood, metal, concrete or other materials, including cross-arms, guys, anchors, anchoring systems, grounding systems, counterpoises, and all other appurtenant equipment and fixtures, and to string conductors, wires and cables, together with the right to add to said facilities from time to time, and the right to do anything necessary, useful or convenient for the enjoyment of the Easement herein acquired, for the transmission and distribution of electrical current and other forms of energy and for the transmission or communication of data, audio and video information upon, over, under and across the lands described herein, in the manner and at the location described herein and in the attached plat; together with the privilege of removing at any time any or all of said facilities erected on the Easement; together with the perpetual right, privilege and authority: to cut down, trim, treat and otherwise control using herbicides or tree growth regulators, or other means and, at the option of AEP, to remove from the Easement any and all trees, overhanging branches, vegetation, brush, or other obstructions. AEP shall also have the right to cut down, trim, remove, and otherwise control trees situated on lands of the Defendant which adjoins the Easement when, in the sole judgment of AEP, those trees may endanger the safety of, or interfere with the construction, operation or maintenance of AEP’s facilities or ingress or egress to, from or along the Easement; to install support structures and conductors and to set the necessary guy and brace poles or anchors and to attach all necessary guy wires thereto; together with the right of unobstructed access, at any and all times, over, across and along the Easement, and the right of ingress and egress to and from the Easement from a public road; to enter upon the said Easement for the purposes of constructing, operating, maintaining, reconstructing and removing its said structures, lines, fixtures and equipment, subject to existing easements for roads, railroads, canals, ditches, pipelines, telegraph lines, telephone lines, and other electric lines BUT RESERVING, nevertheless, to the landowners, their lessees, and tenants of said lands, at any and all times, the right to make such use of any such lands included within the said Easement as is not inconsistent with or dangerous to the construction, operation, maintenance, or reconstruction of said electric power transmission and/or distribution line or lines or the communication lines and Easement.
Iv.
That AEP has made diligent and repeated efforts to secure, by private purchase, the right-of-way easement over and across the land described herein for the construction, maintenance, operation, and reconstruction of said electric power line or lines and communication line or lines but has been wholly unable to effect a purchase of easements as to any of the land hereinafter set out, and by reason thereof, it is necessary that AEP exercise the right of eminent domain, and appropriate and acquire such right-of-way easement and the aforesaid rights and privileges incident thereto by condemnation.
V.
That AEP does not, in this proceeding in eminent domain, seek to take the fee or any interest in the oil, gas, coal or other minerals underlying the land involved herein and confesses that the rights and estate sought herein are in the nature of an easement and do not in any way constitute a burden or encumbrance upon the mineral interests in said lands.
VI.
That AEP shall not have the right to fence all or any part of the right-of-way easement.
VII.
That future damages to the land caused by AEP after initial construction of the line will be paid by AEP as and when they may occur.
VIII.
That AEP will construct and maintain it’s said electric power and communication line or lines in accordance with applicable safety and construction standards of the Corporation Commission of the State of Oklahoma and the National Electrical Safety Code.
IX.
The failure of AEP to exercise any of the rights described herein, or the removal of any facilities from the Easement, shall not be deemed to constitute an abandonment or waiver of the rights taken herein.
x.
Defendants, Chester L. Eaton and Nettie Lou Eaton, husband and wife, are the owners of record in and to the following described real property:
The NEI4 of Section 22, Township 12 North, Range 9 West of the Indian Meridian, Canadian County, State of Oklahoma, according to the U.S. Government Survey thereof
XI.
Defendant, Carolyn Lack, Canadian County Treasurer and the Board of County Commissioners of Canadian County, Oklahoma, may claim some right, interest or estate in the above referenced Easement property by reason of ad valorem taxes which may be due and unpaid.
XII.
That AEP seeks to condemn for its Easement and the interest therein of the record owner, insofar as AEP has been able, with due diligence, to ascertain and discover, and the location and width of such Easement across said land is described as follows:
A right of way, 55 feet in width, located in the NE/4 of Section 22, Township 12 North, Range 9 West of the Indian Meridian, Canadian County, Oklahoma, being more particularly described as follows: Commencing at railroad spike found for the NE Corner of said Section 22, thence with the North line of same, N. 89°56’51” W. a distance of 40.00 feet to a point on the Westerly right of way of Red Rock Road for the point of beginning of the easement herein described: thence with said Westerly right of way, S. 00°04’42” E. a distance of 172.44 feet; thence N. 45°04’42” W. a distance of
77.72 feet; thence N. 00 O0559 W. a distance of 117.61 feet to a point on the North line of said Section 22; thence with said North line, S. 89°56’51” E. a distance of 55.00 feet to the point of beginning, containing 7,973 square feet of 0.183 acres of land, bearings shown hereon are grid, based on the Oklahoma state plane coordinate system, NAD_83(201 1), North Zone.
(Survey attached hereto as Exhibit “A “
WHEREFORE, premises considered, AEP prays that the Court enter its Order directing the manner of serving and the fixing of time of Notice to be given the party hereinabove named, and fixing the time for the hearing of this Petition and that upon hearing had, the Court make and enter its Order appointing and directing the Sheriff of Canadian County to summon three (3) disinterested freeholders of the county, not interested in a like question or controversy, to be selected by the District Judge as commissioners, to inspect the lands hereinbefore described and to consider and appraise the damage which the respective parties in interest may sustain by reason of AEP’s appropriation of an easement and right-of-way consisting of the perpetual right, privilege and authority to construct, reconstruct, operate, maintain, alter, inspect, patrol, protect, repair, replace, renew, upgrade, relocate within or along the centerline of the Easement, reconstruct and remove poles, towers, and structures, made of wood, metal, concrete or other materials, including cross-arms, guys, anchors, anchoring systems, grounding systems, counterpoises, and all other appurtenant equipment and fixtures, and to string conductors, wires and cables, together with the right to add to said facilities from time to time, and the right to do anything necessary, useful or convenient for the enjoyment of the Easement herein acquired, for the transmission and distribution of electrical current and other forms of energy and for the transmission or communication of data, audio and video information upon, over, under and across the lands described herein, in the maimer and at the location described herein and in the attached plat; together with the privilege of removing at any time any or all of said facilities erected on the Easement; together with the perpetual right, privilege and authority: to cut down, trim, treat and otherwise control using herbicides or tree growth regulators, or other means and, at the option of AEP, to remove from the Easement any and all trees, overhanging branches, vegetation, brush, or other obstructions. AEP shall also have the right to cut down, trim, remove, and otherwise control trees situated on lands of the Defendants which adjoin the Easement when, in the sole judgment of AEP, those trees may endanger the safety of, or interfere with the construction, operation or maintenance of AEP’s facilities or ingress or egress to, from or along the Easement; to set the
necessary guy and brace poles or anchors and to attach all necessary guy wires thereto; to enter upon the said easement for the purposes of constructing, operating, maintaining, reconstructing and removing its said structures, lines, fixtures and equipment, subject to existing easements for roads, railroads, canals, ditches, pipelines, telegraph lines, telephone lines, and other electric lines BUT RESERVING, nevertheless, to the landowners, lessees, and tenants of said lands, at any and all times, the right to make such use of any such lands included within the said Easement as is not inconsistent with or dangerous to the construction, operation, maintenance, upgrade, or reconstruction of said electric power transmission and/or distribution line or lines or the communication lines and Easement.
For this Petitioner prays, together with all other and further relief which may be lawful and proper in the premises.


ORDER APPOINTING COMMISSIONERS
This matter came on to be heard this 2nd day of January, 2013 upon the Petition of AEP OKLAHOMA TRANSMISSION COMPANY, INC. (“AEP”), for an Order of the Court appointing three (3) disinterested freeholders of Canadian County, Oklahoma, to inspect the lands described in Plaintiffs Petition and to consider and appraise the damage which the respective parties in interest may sustain by reason of AEP’s proposed appropriation of a perpetual easement and right-of-way for the purposes of constructing, maintaining, operating, reconstructing, and removing its electric power transmission line or lines, including fiber optic cable and other necessary fixtures and appurtenances, across the lands described in Exhibit “A” of AEP’s Petition.
The Plaintiff, AEP, appeared by its attorney, Toney D. Foster of the Taylor, Burrage, Foster, Mallett, Downs, Ramsey & Russell, and Defendants, CHESTER L. EATON and NETTlE LOU EATON, husband and wife, (appeared not) (appeared by and through their attorney, __________________________________ ) (appeared pro se); Defendant CAROLYN LECK, in
her capacity as Treasurer of Canadian County, Oklahoma, and, The BOARD OF COUNTY COMMISSIONERS OF CANADIAN COUNTY, OKLAHOMA (appeared not) (appeared by and through their attorney, ___________________________________ ) (appeared pro se); and the undersigned Judge having examined the Petition and in this cause, and having heard statements of counsel in connection therewith and being well and fully advised in the premises and upon consideration thereof finds that due and legal notice has been served upon the Defendants, more than ten (10) days prior to this date, of the pendency of these proceedings as provided by law; and further finds that AEP is a corporation purportedly endowed by law with the right of condemnation by eminent domain in connection with the acquisition of rights-of-way and other appurtenant rights for its electric transmission line, although Defendants reserve the right to contest such right.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that Kelly Davis. Tony Kohl and Mike Crowly, three disinterested freeholders of Canadian County, State of Oklahoma, be and they are hereby appointed as Commissioners in this cause and proceedings and that they are hereby directed to inspect the property and premises described in Plaintiffs Petition and consider the injury and damage which the Defendants, as the owners thereof, will sustain by reason of the acquisition of such right-of-way easement for the installation, operation and maintenance Plaintiffs electric transmission line thereon; and to make their report in writing to the Clerk of this Court assessing the amount of the damages, which the Defendants will sustain by reason of the taking by AEP of said right-of-way across the property and premises of the Defendants and further that said report shall be made to the Clerk within fifteen (15) days of the date such Commissioners take their oath of office, unless granted by this Court.

INSTRUCTIONS TO COMMISSIONERS
TO: 1) Kelly Davis
2) Tony Kohl
3) Mike Crowly
In the performance of your duties as Commissioners in this condemnation proceeding, you are hereby instructed as follows:
1. You are hereby notified that you have been appointed by the undersigned Judge of the District Court as disinterested freeholders of Canadian County, Oklahoma, to serve as Commissioners to appraise the damages the Defendants will suffer by reason of the proposed taking by AEP OKLAHOMA TRANSMISSION COMPANY, INC. (“AEP”) of a perpetual right-of-way easement for the transmission and distribution of electrical current and other forms of energy and for the transmission or communication of data, audio and video information upon, over, under and across the following described real property located in Canadian County, State of Oklahoma:
A right of way, 55 feet in width, located in the NE/4 of Section 22, Township 12 North, Range 9 West of the Indian Meridian, Canadian County, Oklahoma, being more particularly described as follows:
Commencing at railroad spike found for the NE Corner of said Section 22, thence with the North line of same, N. 89°56’51” W. a distance of
40.00 feet to a point on the Westerly right of way of Red Rock Road for the point of beginning of the easement herein described: thence with said Westerly right of way, S. 00°04’42” E. a distance of 172.44 feet; thence N. 45°04’42” W. a distance of 77.72 feet; thence N. 00 oo559 W. a distance of 117.61 feet to a point on the North line of said Section 22; thence with said North line, S. 89°56’51” E. a distance of 55.00 feet to the point of beginning, containing 7,973 square feet of 0.183 acres of land, bearings shown hereon are grid, based on the Oklahoma state plane coordinate system, NAD83(201 1), North Zone.
2. If you agree to serve as appointed, please sign the Oath of Office, have your signature notarized by a Notary Public or by the Clerk of the District Court of Canadian County, Oklahoma, and file the Oath of Office with said Clerk.
3. AEP is a corporation organized and existing under the laws of the State of Oklahoma, and is authorized and qualified to furnish light, heat or power by electricity, and is engaged in the transmission and distribution of electricity for light, heat and power purposes, and as such is endowed by the laws of the State of Oklahoma with the right of condemnation by eminent domain in connection with the appropriation and use of lands, rights-of-way and other appurtenant rights and properties necessary to or required by its proper purpose for a public use and necessity.
4. In making your determination the proper amount of damages, you are advised that the proposed taking by AEP an easement and right-of-way containing 0.183 acres, more or less, and consisting of the perpetual right, privilege and authority to construct, operate, maintain, upgrade, reconstruct and remove a line or lines of structures with wires, fixtures and other equipment related thereto (whether located upon or under the ground or on said structures) for the transmission and distribution of electrical current and other forms of energy and for the transmission or communication of data, audio and video information upon, over, under and across the lands described herein, in the manner and at the location described herein and in AEP’s Petition; together with the perpetual right, privilege and authority: to cut down, trim, treat and dispose of any trees and undergrowth on said right-of-way easement and/or on the individual Defendants’ property contiguous thereto which, in AEP’s sole judgment, may interfere or threaten to interfere with AEP’s structures, lines, fixtures and equipment, or with AEP’s ability to construct, operate, maintain, upgrade, reconstruct or remove said structures, lines, fixtures and equipment; to prevent the placement of any structure within said right-of-way easement; to set the necessary guy and brace poles or anchors and to attach all necessary guy wires thereto; to enter upon the said right-of-way easement over, under and across each of the Defendants’ other property adjacent to said easement for the purposes of constructing, operating, maintaining, reconstructing and removing its said structures, lines, fixtures and equipment; and to construct, operate, maintain, upgrade, reconstruct, and remove such line or lines upon, over, under and across said right-of-way easement, subject to existing easements for roads, railroads, canals, ditches, pipelines, telegraph lines, telephone lines, and other electric lines and mineral interests previously reserved or conveyed of record; BUT RESERVING, nevertheless, to the landowners, their lessees, and tenants of said lands, at any and all times, the right to make such use of any such lands included within the said right-of-way easement as is not inconsistent with or dangerous to the construction, operation, maintenance, or reconstruction of said electric power distribution line or lines or the communication lines and right-of-way easement.
5. (A) As Commissioners you are to consider the injury the landowners may
sustain by reason of the appropriation of the Easement. Article II, § 24 of the Constitution of this State provides the following:
Private property shall not be taken or damaged for public use without just compensation. Just compensation shall mean the value of the property taken, and in addition, any injury to any part of the property not taken. Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken.
(B) In addition to but not in substitution of the aforementioned Article II, § 24,
the Oklahoma Uniform Jury Instructions Civil Second Edition (“OUJI”) provides the following instructions in the instance of a taking of an easement, which is the case in this action:
This is a case in which AEP OKLAHOMA TRANSMISSION COMPANY, INC. is taking a kind of property called an “easement,” which is a right to control and use the property of another for specific purposes. The easement being taken by AEP is an easement for the purpose of improving and expanding the supply of electricity and for the transmission of electric current and communication messages as described in Paragraph III of the Petition filed herein and it will continue forever. During the existence of the easement, the landowner will have no use, control or possession of the property within the easement that is inconsistent with the easement.
In the taking of an easement case, the term “just compensation” means the payment to the landowner for the taking of the easement by AEP of an amount of money that will make the landowner whole. In this case this is the fair market value of the easement plus any injury to the property left remaining after the taking. The property includes the land, any buildings or other things that are attached to the land, and any other interests connected with the use of the land, such as access to roads.
6. You are to determine ‘just compensation” based upon the fair market value of the property as of the date of the making of your report. Fair market value is the amount of money a purchaser willing, but not obligated to buy the land would pay to a seller, willing but not obligated to sell, with both buyer and seller being filly informed and neither being under duress to buy or sell. In estimating fair market value, all the capabilities of the property and all the reasonable uses to which it may be applied of for which it is adapted are to be considered. You
are not to limit your evaluation to the use of the property at the time of its taking or the proposed use after the taking. Instead you should consider the value of the property taken and the damage to the property not taken if that property was being used at its highest and best use.
7. You are to refrain from discussing any aspect of this condemnation case among persons other than yourselves, and you are to avoid such discussion except when you are
assembled together for the purpose of performing your duties as Commissioners. However, in examining the property, it is proper for you to have with you both Plaintiff and Defendants, andJor their representatives, and give them the opportunity to explain any features of the property or answer any questions that you may have.
8. The landowners have the right to inform you of the damages they claim they will sustain by reason of condemnation and which the landowners would ask a jury to consider in the event the landowners believe your award is insufficient compensation. Therefore, you should feel free to speak with the landowners and their representatives. If the landowners do not wish to meet with you at the time of your inspection of the property, Oklahoma law allows the landowners or their representatives to disclose any damages they are claiming by reason of condemnation, and which may not be apparent from your inspection, so that such damages can be included in your report. Therefore, you are allowed to consider any materials they might submit regarding the value and or damage to their property due to the proposed taking.
9. Both the condemnor and the landowners bear an equal burden to see that your instructions contain all necessary information and are otherwise sufficiently framed to allow you to perform your statutory duties. (See State v. Watkins, 993 P.2d 144, 1999 Okla. Civ. App. 122). If either party fails to provide you with such information, you are free to make inquiry as to the nature of the damages and include those in your report.
10. When you are ready to consider the amount of damage, you should confer among yourselves privately and arrive at a conclusion as to the damages in the case.
11. A form of Report of Commissioners has been provided to you herewith. The award you make in this case will be in one amount only, for the use and benefit of all the Defendants, regardless of their interests, it being the duty of the Court to make proper divisions or apportionments. If all three of you agree on the damages, then all three of you should sign the completed Report of Commissioners and return same to counsel for AEP for filing with the District Court Clerk of Canadian County, State of Oklahoma.
12. It is not necessary that all of you agree on the Report to be made to the Court, but a majority has the right to reach a conclusion; if the minority desires to do so, a minority report may be filed.
13. You are entitled to be paid a reasonable fee for your services. Please maintain time and expense records to present to the Court in the event a hearing is necessary for the Court to approve the fees for your services.

REPORT OF COMMISSIONERS
Come now the undersigned, and pursuant to the Order entered on the day of January 2013 by the Judge of the above-named Court authorizing and directing the undersigned to impartially and justly inspect the lands hereinafter described and consider the true value of the surface and surface rights in an to said land and the title thereto and award compensation to which said landowners are entitled by reason of the condenmation by AEP OKLAHOMA TRANSMISSION COMPANY, INC., an Oklahoma corporation, (“AEP”) for the purposes of constructing, maintaining, inspecting, operating, repairing, re-constructing, replacing and removing its said electrical transmission line; for the transmission of electric energy at any voltage and in any quantity required by its business; also, the perpetual right and privilege to cut down, trim, remove or chemically treat any trees upon or adjacent to the easements which by their growth pattern, size, shape, and/or location will, in the judgment of AEP, inhibit, interfere with or interrupt the continuous use of the facilities, and to prohibit the placement of or to remove any objects within the
right-of-way easement at any time which may, in Petitioner’s judgment, interfere with or endanger said electric power transmission line or lines or the construction, operation, maintenance, or reconstruction thereof, subject to existing easements for roads, railroads, canals, ditches, pipelines, telegraph lines, telephone lines, and other electric lines and the subordination of the right to explore for an produce oil, gas coal or minerals from the surface of the easement; and for our REPORT herein respectfully show and state to the Court:
1. That we are each freeholders and residents of Canadian County, Oklahoma, not interested in this matter or a like question or controversy; and have heretofore taken and subscribed an oath for the faithful performance of our duties herein, and have been served with a copy of the Order of the Judge of this Court entered on the 18th day of January, 2013.
2. That we are each personally familiar with the tract of land hereinafter described and have made actual inspection and traverse thereof, and have considered the worth and value of said tract, and the compensation due the owners hereinafter named on account of the appropriation of the title to the surface and surface rights to said lands as set out in the Order of this Court, above referred to, having regard for the use, natural characteristics and market value of said lands, and appraise and assess the value of interests taken in said lands and the compensation due the owners thereof as follows:
OWNERS AND THOSE CLAIMING AN INTEREST IN THE PROPERTY:
NAMES OF DEFENDANTS: CHESTER L. EATON and NETTlE LOU EASTON, husband and wife
TOTAL COMPENSATION AWARDED: $2,500.00.
Said property in Canadian County, State of Oklahoma is described as follows, to-wit:
A right of way, 55 feet in width, located in the NE/4 of Section 22, Township 12 North, Range 9 West of the Indian Meridian, Canadian County, Oklahoma, being more particularly described as follows:
Commencing at railroad spike found for the NE Corner of said Section 22, thence with the North line of same, N. 89°56’51” W. a distance of 40.00 feet to a point on the Westerly right of way of Red Rock Road for the point of beginning of the easement herein described: thence with said Westerly right of way, S. 00°04’42” E. a distance of 172.44 feet; thence N. 45°04’42” W. a distance of 77.72 feet; thence N. 00 °05’59” W. a distance of 117.61 feet to a point on the North line of said Section 22; thence with said North line, S. 89°56’Sl” E. a distance of 55.00 feet to the point of beginning, containing 7,973 square feet of 0.183 acres of land, bearings shown hereon are grid, based on the Oklahoma state plane coordinate system, NAD_83(201 1), North Zone.
The foregoing amount awarded, in our judgment, adequately compensates the owners of said lands for the title to surface and surface rights to said lands and improvements thereon, which result from the appropriation thereof by Petitioner, AEP.

Outcome: ORTWR VESTING TITLE IN PLAINTIFF
NOW ON THIS 22nd day of October 2014, there comes on for consideration the Motion of Plaintiff to Approve Report of Commissioners and Vest Title in Plaintiff’; the Court, after examining the files and records in this cause and being fully advised in the premises, finds as follows:
I. That the Appointment, Oath, and Report of’ Commissioners are in property form.
2. That the Commissioners determined the amount ofjust compensation to be $2,500.00.
3. That said sum was paid into this Court by the Plaintiff, AEP Oklahoma Transmission Company, Inc., and Oklahoma Corporation (“AEP”), for the use and benefit of the Defendants in the amount of $2,500.00, as required by law.
4. That ALP is vested with the power of eminent domain and have lawfully exercised said power and is entitled to take and acquire the property and rights as described in its Petition.
5. That on April 19, 2013, the Defendants withdrew the $2,500 on deposit herein from the
Court Clerk.
IT IS THEREFORE ORDERED, AI)JIII)GED AND DECREED BY THE COURT,
that the Appointment, Oath, and Report of Commissioners field herein are in proper form and that AEP has the right of eminent domain to have and obtain a perpetual easement and right of way upon, over, and under and across the portion of Defendants’ property as set forth in Plaintiffs Petition and Exhibit “A” att ached hereto and made a part hereof by reference.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED BY THE COURT, that
AEP’s appropriation by condemnation of the right of way easement as described in the Petition shall be deemed complete and final and that the appropriation by AEP in the condemnation proceedings is approved and confinned.

Plaintiff's Experts:

Defendant's Experts:

Comments: