United States of America v. 0.02 Acres of Land, More or Less, Located in Baldwin County, State of Alabama et al
FINAL JUDGMENT & Order Directing Clerk of Court to Disburse Funds, Final Judgment is entered fixing compensation as set out, & the Clerk of Court is directed to retain the sum of $1,500.00 in the CRIS account until such time as the owners of the condemned property submit a claim to the Court as set out. If the funds remain unclaimed for five years following the entry of final judgment, the Clerk is directed to deposit those funds into the Treasury in the name & to the credit of the United States as set out. Signed by Senior Judge Callie V. S. Granade on 8/1/2017. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
0.02 ACRES MORE OR LESS,
LOCATED IN BALDWIN COUNTY,
STATE OF ALABAMA; MAGNOLIA
LAND COMPANY, INC.,
SUCCESSOR BY NAME CHANGE
TO FOLEY HOLDING COMPANY,
INC., SUCCESSOR BY MERGER TO
MAGNOLIA LAND COMPANY,
CIVIL ACTION NO. 16-0604-CG-M
FINAL JUDGMENT AND ORDER DIRECTING THE CLERK OF COURT TO
This cause came on for a hearing on just compensation on July 20, 2017. Upon
review of the court file, declarations in support, and hearing argument from
counsel, the undersigned makes the following findings.
Plaintiff, the United States of America, filed a Complaint and Declaration of
Taking on December 2, 2016. On December 7, 2016, Plaintiff deposited ONE
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($1,500.00) in the Registry
of this Court. At the time Plaintiff deposited the funds into the Registry of the
Court, the title interest of a permanent Restrictive Easement, to the extent set forth
in the Declaration of Taking, vested in the name of the United States of America by
operation of law.
On May 18, 2017, this Court granted Plaintiff’s request for a hearing to
determine just compensation. At the July 20, 2017 hearing, Magnolia Land
Company was determined to be the owner of the property described in the
Declaration of Taking, and just compensation was determined to be ONE
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($1,500.00). This amount
was previously deposited in the Court on December 7, 2016.
Final judgment is hereby entered fixing compensation as stated above. The
Clerk of Court is directed to retain the sum of ONE THOUSAND FIVE HUNDRED
AND 00/100 DOLLARS ($1,500.00) in the CRIS account until such time as the
owners of the condemned property submit a claim to the Court with full proof of
ownership rights, a valid EIN or SSN so that a Form 1099 can be issued for the
accrued interest earned, and a valid mailing address. The claimants are further
directed to advise the Clerk of who will be responsible for reporting the interest
accrued to the Internal Revenue Service.
If the funds remain unclaimed for five years following entry of final
judgment, the Clerk is directed to deposit those funds into the Treasury in the name
and to the credit of the United States pursuant to 28 U.S.C. § 2042. Thereafter, any
claimant entitled to any such money may, on petition to the Court and upon notice
to the United States and full proof of the right thereto, obtain an order directing
payment of just compensation for the property interest acquired.
DONE and ORDERED this 31st day of July, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE
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