United States of America v. 41.00 Acres of Land More or Less et al
Filing
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FINAL JUDGMENT DETERMINING TITLE AND JUST COMPENSATION by Judge George H. Wu. ORDERED, ADJUDGED AND DECREED that The sum of $22,600.00 is the full, faire and just compensation for the taking by plaintiff of said property. The amount of $2,0 03.55 has been withdrawn by the County of San Bernardino for delinquent taxes. That in accordance with Title 28 U.S.C. 2042, the sum of $20,596.45 shall remain deposited in the registry of the court for a period of five (5) years, after which, i f unclaimed shall be deposited into the Treasury in the name and credit of the United States. Any claimant entitled to such money, may on petition to this court and upon notice of the United States and full proof to the right thereto, obtain an order directing payment to them. (MD JS-6, Case Terminated). (bp)
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ANDRÉ BIROTTE, JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
JONATHAN B. KLINCK
Assistant United States Attorney
California State Bar No. 119926
Federal Building, Suite 7516
300 North Los Angeles Street
Los Angeles, California 90012
Telephone:
(213) 894-8561
Facsimile:
(213) 894-7819
Email: Jon.Klinck@usdoj.gov
JS-6
JUSTIN A. OKUN
Trial Attorney
California State Bar No. 230954
WENDY LYNN
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Div.
P.O. Box 7611 – Ben Franklin Station
Washington, D. C. 20044
Telephone:
(202) 305-0467
Facsimile:
(202) 305-0398
Email:
Justin.Okun@usdoj.gov
Attorneys for Plaintiff
United States of America
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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41.00 ACRES OF LAND, MORE OR
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LESS, SITUATE IN SAN BERNARDINO )
COUNTY, STATE OF CALIFORNIA;
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AND CHHOUR YOU AND YORN KE,
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SPOUSE OF CHHOUR YOU, AND
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SAN BERNARDINO COUNTY TAX
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COLLECTOR, et al.,
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Case No. CV 12-3541-GW(OPx)
FINAL JUDGMENT
DETERMINING TITLE
AND JUST COMPENSATION
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Defendants.
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FINAL JUDGMENT DETERMINING
TITLE AND JUST COMPENSATION
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This case is before the court for entry of final judgment pursuant to the Order Regarding
Title and Just compensation (ECF No. 41) and the court finds as follows:
1. The estate acquired in the subject property, as more particularly described in the
complaint and declaration of taking filed in this action on April 24, 2012 is fee simple.
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2. The uses for which the property was taken are public uses, as described in the
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complaint and declaration of taking.
3. On April 30, 2012, title to the subject property, as described more particularly in the
complaint and declaration of taking vested in the United States of America upon the filing of the
aforementioned declaration of taking and the deposit of estimated just compensation in the total
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amount of $28,700.00 into the registry of this court. Simultaneously, the right to just
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compensation for the same was immediately vested in the parties entitled thereto.
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4. That the owners of the property are Chhour You and Yorn Ke.
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5. That all parties interested directly or indirectly in the property have been properly
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served with process or by notice of publication – Chhour You, the spouse of Chhour You and
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Yorn Ke by publication in the San Bernardino County Sun on December 21 and 28, 2012 and
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January 4, 2013; and County of San Bernardino by waiver and notice of appearance on October
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10, 2012. The County of San Bernardino has subsequently filed a notice (ECF No. 40) stating it
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seeks no further compensation in the instance case.
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6. The sum of $22,600.00 as found by this court at a hearing on June 10, 2013 is just
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compensation for the taking of 41.00 acres of land condemned in this case, and this sum
constitutes full satisfaction of any and all claims of whatsoever nature against the United States
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of America by reason of the institution and prosecution of this action and the taking of said
property.
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7. That plaintiff has deposited the total sum of $28,700.00 in the registry of this court,
which amount exceeds the just compensation found by this court by $6,100, which amount shall
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be returned to plaintiff, United States of America by check payable to the United States Army
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Corps of Engineers LA District, FAO. The memo section of the check should include the
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obligation number for this acquisition - 0540-121-61-0000. This check should be delivered to
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the United States’ attorney, Wendy Lynn, at PO Box 7611 Ben Franklin Station, Washington DC
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20044.
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It is therefore by the Court, ORDERED, ADJUDGED AND DECREED that
The sum of $22,600.00 is the full, fair and just compensation for the taking by plaintiff of
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said property. The amount of $2,003.55 has been withdrawn by the County of San Bernardino
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for delinquent taxes. That in accordance with Title 28 U.S.C. § 2042, the sum of $20,596.45
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shall remain deposited in the registry of the court for a period of five (5) years, after which, if
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unclaimed shall be deposited into the Treasury in the name and credit of the United States. Any
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claimant entitled to such money, may, on petition to this court and upon notice of the United
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States and full proof to the right thereto, obtain an order directing payment to them.
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Dated: June 17, 2013
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_______________________________________
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GEORGE H. WU
United States District Judge
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