United States of America v. 0.13 Acres of Land, more or less, Located in Evergreen, Conecuh County, State of Alabama et al
STIPULATED FINAL JUDGMENT. Signed by Judge Kristi K. DuBose on 4/30/2014. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
) CIVIL NO. 12-00238-KD-B
0.13 ACRE OF LAND, MORE OR LESS,
LOCATED IN EVERGREEN, CONECUH
COUNTY, STATE OF ALABAMA;
CHARLES M WARD, JR., and ABBY WARD, )
STIPULATED FINAL JUDGMENT
Pursuant to this stipulation signed and jointly filed herein by the Plaintiff,
United States of America, and the Defendants, Charles M. Ward, Jr. and Abby
Ward (hereinafter “defendants”), IT IS HEREBY ORDERED AND ADJUDGED
1. 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 $7,000.00.
2. Judgment shall be and hereby is entered against the United States of
America in the amount of $7,000.00.
3. Contemporaneously with the filing of this action Plaintiff deposited the
amount of $483.00 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. Plaintiff shall now deposit the additional sum of $6,517.00.
4. The said sum of $7,000.00 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.
5. The said sum of $7,000.00 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.
6. The Clerk of this Court shall, without further order of this Court, upon
deposit by the United States, disburse the just compensation of $7,000.00, as
follows: to the defendants, by check made payable to the order of each individual
defendant named above, and delivered to their 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. The Clerk will provide
to the undersigned counsel for the United States a certified copy of said notice of
disbursal, without further order or request.
7. Defendants have warranted that they were the sole owners of the subject
property at the date of the taking, and that they have 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
8. 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, defendants 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
defendants to the date of repayment into the registry of the Court.
9. Defendants 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.
10. Parties shall be responsible for their own legal fees, costs and expenses
(including attorneys' fees, consultant's fees, and any other expenses).
11. The signatory parties hereto will take no appeal from any ruling or
judgments made by this Court in this action.
DONE AND ORDERED this ______________ day of ____________, 2014.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
THE UNDERSIGNED STIPULATE THAT THEY CONSENT TO ENTRY OF
THE PRECEDING JUDGMENT AND ORDER:
FOR DEFENDANTS, CHARLES W. WARD, JR. and ABBY WARD:
BY: /s/ Samuel L. Stockman
Samuel L. Stockman
Stockman & Bedsole
3280 Dauphin Street
Suite 112, Bldg. C
Mobile, Alabama 36606
Date: April 15, 2014
FOR PLAINTIFF, THE UNITED STATES OF AMERICA:
BY: /s/ Patricia N. Beyer
Patricia N. Beyer (BEYEP 0254)
Assistant United States Attorney
63 South Royal Street, Suite 600
Mobile, Alabama 36602
Date: April 15, 2014
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