United States of America v. 55.12 Acres of Land, more or less, Located in Evergreen, Conech County, State of Alabama et al
STIPULATED FINAL JUDGMENT entered against the United States of America in the total amount of $225,000.00. (See Judgment) Signed by Magistrate Judge William E. Cassady on 7/31/2014. (eec)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
55.12 ACRES OF LAND, MORE OR LESS, :
LOCATED IN EVERGREEN, CONECUH
COUNTY, STATE OF ALABAMA;
WILLIAM W. WARD, et al.,
STIPULATED FINAL JUDGMENT
In accordance with the Order entered on this date, it is hereby ORDERED,
ADJUDGED, and DECREED as follows:
The full just compensation payable by the Plaintiff for the taking of the
property interests identified in the complaint and declaration of taking filed herein, as
amended, together with all improvements thereon and appurtenances thereunto
belonging, shall be the sum of $225,000.00.
Judgment shall be and hereby is entered against the United States of
America in the total amount of $225,000.00.
Contemporaneously with the filing of this action Plaintiff deposited the
amount of $71,828.00 into the registry of this Court. At that time, title to the property,
to the extent set forth in the Declaration of Taking, vested in the United States by
operation of law. To date, said account has accrued interest in the amount of $44.16. To
that total, Plaintiff deposited the additional sum of $153,127.84 (Doc. 87), making the
full amount in the account, $225,000.
The said sum of $225,000.00 shall be full and just compensation and in full
satisfaction of any and all claims of whatsoever nature against the United States by
reason of the institution and prosecution of this action and taking of the said estates in
lands and all appurtenances thereunto belonging, including any interest.
The said sum of $225,000.00 shall be subject to all liens, encumbrances and
charges of whatsoever nature existing against the said property at the time of vesting of
title thereto in the United States of America and all such liens, encumbrances and
charges of whatsoever nature shall be payable and deductible from the said sum.
The Clerk of this Court shall disburse the just compensation of
$225,000.00, as follows: to the defendant, by check made payable to the order of
defendant, William W. Ward, and his attorneys of record – Billy C. Bedsole and Samuel
L. Stockman, and delivered to his attorney, Samuel L. Stockman. Upon making the
disbursal, the Clerk shall file with the Court a notice of disbursal indicating the amount
disbursed and the date of disbursal. Said notice, filed with the Court, shall be available
and sent to the parties in the instant action via the Court’s ECF system.
Defendant has warranted that he is the sole owner of the subject property
at the date of the taking, and that he has the exclusive right to the compensation herein,
excepting the interests of parties having liens or encumbrances of record and unpaid
taxes and assessments, if any, and that no other party is entitled to the same or any part
thereof by reason of any unrecorded agreement.
In the event that any other party is ultimately determined by a Court of
competent jurisdiction to have any right to receive compensation for the property taken
in this case, defendant shall refund into the registry of the Court the compensation
distributed herein, or such part thereof as the Court may direct, with interest thereon at
the rate of 52-week Treasury Bills, calculated in accordance with the provisions of 40
U.S.C. § 3116, from the date of receipt of the deposit by defendant to the date of
repayment into the registry of the Court.
Defendant shall save and hold harmless the United States of America
from all claims or liability resulting from any unrecorded leases or agreements affecting
the subject property on the date of taking.
Parties shall be responsible for their own legal fees, costs and expenses
(including attorneys’ fees, consultant’s fees, and any other expenses).
The signatory parties hereto will take no appeal from any ruling or
judgments made by this Court in this action.
DONE this the 31st day of July 2014.
s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE
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