IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
GULF SOUTH PIPELINE COMPANY, LLC
PLAINTIFF
VERSUS
CIVIL ACTION NO. 2:26cv150-TBM-MTP
80.00 ACRES, MORE OR LESS, IN CLARKE COUNTY, MISSISSIPPI, JEREMY JOHNSON; ANTONIO HALL; PATRICIA ANN MCGEE; UNKNOWN HEIRS OF ANTHONY HALL; UNKNOWN HEIRS OF MARY JANE JOHNSON, UNKNOWN HEIRS OF MAJOR HALL, UNKNOWN HEIRS OF FRANK HALL, UNKNOWN HEIRS OF DOCK HALL, UNKNOWN HEIRS OF WILLIAM ALBERT HALL, UNKNOWN HEIRS OF WILLIE CORINE PRICE, UNKNOWN HEIRS OF SAMUEL MCGEE, UNKNOWN HEIRS OF JAMES OTHA HALL, UNKNOWN HEIRS OF ANNIE LAURA HALL LOCKE, UNKNOWN HEIRS OF MINNIE LEE (HALL) SHELLS AND UNKNOWN OWNERS HAVING INTEREST IN SAID PROPERTY, ET AL.
DEFENDANTS
FEDERAL RULE OF CIVIL PROCEDURE 71.1(d)
NOTICE OF COMMENCEMENT OF CONDEMNATION ACTION
TO DARLA CELESTE McDONALD
102 Grand Lagoon Shores Drive
Panama City, Florida 32408
CHRISTY McDONALD LENAHAN
108 Bluff Circle
Lafayette, Louisiana 70508
UNKNOWN OWNERS of this Tract
10.00 ACRES, MORE OR LESS,
in Section 22, Township 2 North, Range 14 East,
Clarke County, Mississippi
PLEASE TAKE NOTICE that on October 15, 2026, a Complaint was filed in the above-captioned matter by Plaintiff Gulf South Pipeline Company LLC (“Gulf South”) in which you are named as a Defendant.
Nature of the Action
The above-captioned matter is an action by Gulf South, pursuant to 15 U.S.C. § 717f(h) and Federal Rule of Civil Procedure 71.1, for the condemnation of a natural gas pipeline easement and right of way across the property described below, in which you have or may have an ownership interest. Gulf South is also applying to the court for an order confirming its condemnation authority and for immediate possession of the property interests condemned through the issuance of a preliminary injunction.
Description of the Property
The property subject to the above-captioned matter is described as follows:
A portion of the West Half of the East Half of the Southeast Quarter of the Northeast Quarter (W/2 E/2 SE/4 NE/4) of Section 22, Township 2 North, Range 14 East, Clarke County, Mississippi; also described in that certain Warranty Deed dated January 7, 1980, from Mrs. Ruby Lucille Thomas, a Widow to Mrs. Ruth McDonald, recorded in Book 98, Page 481, Deed Records, Clarke County, Mississippi;
AND
2 acres of land, more or less, situated in the Southeast Quarter of the Northeast Quarter (SE/4 NE/4) of Section 22, Township 2 North, Range 14 East, Clarke County, Mississippi; being more particularly described in that certain Warranty Deed dated July 18, 1969, from John V. Thomas and wife, Mrs. Ruby L. Thomas to Thomas W. McDonald and wife, Mrs. Ruth McDonald as an estate by the entirety with the full right of survivorship and not as tenants in common, recorded in Book 57, Page 289, Deed Records, Clarke County, Mississippi.
It is referred to hereafter as the “Property” and is also depicted in the Easement and Right of Way attached to this Notice as Exhibit 1.
Authority for the Taking
Gulf South is a natural gas company that is in the business of transporting natural gas in interstate commerce pursuant to authorization granted by the Federal Energy Regulatory Commission (“FERC”). As such, Gulf South is subject to the jurisdiction of FERC. Gulf South currently owns and operates approximately 7,260 miles of interstate pipeline facilities extending from south and east Texas through Louisiana, Mississippi, southern Alabama, and western Florida.
On September 10, 2026, FERC issued to Gulf South a Certificate of Public Convenience and Necessity (the “FERC Certificate”) authorizing Gulf South to construct and operate 103 miles of 36-inch-diameter pipeline (the “Pipeline”) in Attala, Leake, Newton, Jasper and Clarke counties, Mississippi, and build, acquire and abandon related facilities elsewhere in Mississippi. The project, known as the Kosciusko Junction Pipeline Project, will create approximately 1.175 million dekatherms per day (Dth/d) of additional firm transportation service for Gulf South customers. A copy of the FERC Certificate is attached as Exhibit 2.
The FERC Certificate requires the Kosciusko Junction Pipeline Project to be in-service by September 10, 2028. See FERC Certificate, Exhibit 2, at 10. Gulf South’s contractual agreements with shippers on the Kosciusko Junction Pipeline Project require the facilities to be in service by April 1, 2028. Gulf South has scheduled commencement of construction work on the Pipeline for January 18, 2027. Gulf South must begin construction work by then to ensure compliance with FERC’s construction schedule, completion of the project within FERC and the shippers’ deadlines, and an adequate supply of construction labor—for which Gulf South must contract months in advance of project initiation.
In order to timely construct, operate and maintain the Pipeline, as approved by FERC, it is necessary that Gulf South have and obtain a permanent easement and right of way along the route and location over, through, upon, under and across the Property (the “Permanent Easement”) as well as temporary workspace (“Temporary Workspace”). The Permanent Easement and Temporary Workspace are more definitely depicted and described in Exhibit 1. The Permanent Easement and Temporary Workspace are hereafter referred to collectively as the “Easements.”
Specifically, Gulf South seeks to acquire the Easements, rights and interests set forth below:
McDonald Property (CLK-0608.000)
(i) Permanent Easement: 0.64 acres
(ii) Temporary Workspace: 0.97 acres
The Easements are sought for, necessary for, and to be used for the purposes of constructing, reconstructing, renewing, operating, maintaining, protecting, inspecting, repairing, changing the size of, abandoning-in-place, removing and/or relaying pipelines, not to exceed 36 inches nominal diameter, together with such valves, pipes, fittings, meters, corrosion control devices, wires, cables and other equipment and appurtenances (collectively the “Facilities”) as may be necessary or convenient for the transportation of oil, petroleum products, natural gas and its constituents, for the protection of said Facilities, or for the maintenance of the Easements. The Permanent Easements shall be approximately 50 feet in width, located as depicted and described in Exhibit 1. That exhibit also describes and depicts the location of the Temporary Workspace.
Gulf South seeks use of the Permanent Easement for the purposes set forth herein until such time as Gulf South releases its rights in it. Gulf South seeks use of the Temporary Workspace only during construction of the Facilities and any periods of restoration work, anticipated not to exceed September 10, 2028. After Gulf South has completed its construction of the Facilities and any restoration work, Gulf South’s interest in the Temporary Workspace will revert to the Landowners. Gulf South may select the location of its Facilities within the Permanent Easement.
The Easements sought include a permanent right of ingress, egress, entry and access in, to, through, on, over, under, and across the Permanent Easement and where the same intersect the boundaries of the Property or any public road, public easement, or easements held by Gulf South on other property contiguous to the Permanent Easement. During construction of the Facilities and any period of restoration, these same rights of ingress, egress, entry and access shall also apply to the Temporary Workspace.
The Landowners shall retain the right to fully use and enjoy the Permanent Easement (including but not limited to the cultivation of crops within the area of the Permanent Easement) except to the extent such uses interfere with the rights of Gulf South. Landowners shall not build, create or construct, nor allow to be built, created, or constructed, any obstruction, building, improvement or other structure within the Permanent Easement, nor shall the Landowners place, nor allow to be placed, any trees or debris on the Permanent Easement, nor reduce the depth of the cover of the ground over the Facilities. Gulf South shall have the right to clear and keep the Easements cleared of trees, shrubs, brush, or other debris during their term.
Gulf South does not seek to acquire, but reserves to Landowners, all oil, gas and other minerals in, on and under the Easements; provided that Landowners shall not be entitled to drill, explore, or excavate for minerals on the surface of the Easements during their term, but will be permitted to extract oil, gas and other minerals from under the Easements by directional drilling or other means so long as such activities do not damage, endanger, disturb, injure and/or interfere with Gulf South’s Facilities or its use of the Easements.
Gulf South shall have the right to assign the Easements, in whole or in part, subject to any applicable regulatory approval.
Appearance or Answer
YOU ARE FURTHER NOTIFIED that if you have any objection or defense to the condemnation you may serve on the undersigned counsel for Gulf South, no later than twenty-one (21) days after service of this notice on you, an answer, identifying the portion 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 the taking and to the court’s authority to proceed with the action and fix the just compensation for the taking of the Property.
YOU ARE FURTHER NOTIFIED that if you have no objection or defense to condemnation of the Property, you may file a notice of appearance and serve the same on Gulf South’s undersigned counsel 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 compensation, whether by bench trial, jury trial or a commission of three commissioners appointed by the court, and 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 any compensation award.
Conclusion
Gulf South’s attorney’s contact information, including the address within the court’s district in which this action is brought where the attorney may be served, is set out below. The Eastern Division of the United States District Court for the Southern District of Mississippi is located at this address: 701 North Main Street, Suite 200, Hattiesburg, Mississippi 39401.
Dated: October 15, 2026
Respectfully submitted,
GULF SOUTH PIPELINE COMPANY, LLC
BY:/s/ Ben Bryant
Of Counsel
William L. Smith Sr. (7635)
Donald Alan Windham (100909)
Benjamin Bryant (103623)
BALCH & BINGHAM, LLP
188 E. Capitol Street, Suite 1400
P. O. Box 22587 (39225)
Jackson, Mississippi 39201
Telephone: (601) 965-8171
Facsimile: (601) 961-4466
bsmith@balch.com
bbryant@balch.com
1129/1105/1112
