Transwestern Pipeline Co. v. 17.19 Acres of Property Located in Maricopa County

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655 (the Act) sets forth procedures for land acquisitions by certain federal and federally assisted programs. Among other things, the Act allows a landowner to seek reimbursement of specified costs and fees incurred in connection with a condemnation proceeding instituted by a “Federal agency” (as defined) if “the [condemnation] proceeding is abandoned by the United States.” Id. § 4654(a)(2). This case requires us to determine whether the term “United States,” as used in § 4654(a)(2), includes a private entity prosecuting a condemnation action under the authority granted by the Federal Electric Regulatory Commission (FERC). We hold that it does not, and therefore affirm the decision of the district court.

I

Transwestern Pipeline Company, LLC (Transwestern) sought and received permission from FERC to construct a natural gas pipeline across some 897 properties in central Arizona. The affected properties included land owned by Agua Fria Investments, LLC (Agua Fria). After a district court held that Transwestern could not take immediate possession of Agua Fria’s property…