United States of America v. 2.52 Acres of Land More or Less et al

Filing 32

FINAL JUDGMENT REGARDING TITLE AND JUST COMPENSATION by Judge George H. Wu. ORDERED, ADJUDGED AND DECREED that The sum of $2301.05 is the full, fair and just compensation for the taking by plaintiff of said property. That in accordance with Titl e 28 U.S.C. 2042, said sum shall remain deposited in the registry of the court for a period of five (5) years, after which, if 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:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff
United States of America
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
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2.52 ACRES OF LAND, MORE OR LESS, )
SITUATE IN SAN BERNARDINO
)
COUNTY, STATE OF CALIFORNIA;
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AND TONY LOPEZ AND MARIA C.
)
LOPEZ, HUSBAND AND WIFE, AS
)
JOINT TENANTS, SAN BERNARDINO )
COUNTY TAX COLLECTOR AND
)

Case No. CV 12-4327-GW(OPx)

FINAL JUDGMENT
REGARDING TITLE
AND JUST COMPENSATION

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SAN BERNARDINO DEPARTMENT OF )
CHILD SUPPORT SERVIES, et al.,
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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. 31) and the court finds as follows:

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1. The estate acquired in the subject property, as more particularly described in the
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complaint and declaration of taking filed in this action on May 18, 2012 is fee simple.
2. The uses for which the property was taken are public uses, as described in the
complaint and declaration of taking.
3. On May 30, 2012, title to the subject property, as described more particularly in the

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complaint and declaration of taking vested in the United States of America upon the filing of the

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aforementioned declaration of taking and the deposit of estimated just compensation in the total

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amount of $1,800.00 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 Tony Lopez and Maria C. Lopez.

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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 – Tony Lopez and Maria C. Lopez by publication

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in the San Bernardino County Sun on December 21 and 28, 2012 and January 4, 2013.

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Additionally, the County of San Bernardino filed a disclaimer on July 20, 2012 along with the

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County Child Support Services on January 7, 2013.

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6. The sum of $2,300.00 as found by this court at a hearing on June 10, 2013 is just
compensation for the taking of 2.52 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 $1,800.00 in the registry of this court.

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Plaintiff shall further deposit $500 in just compensation and$1.05 in interest due for a total of

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$501.05 within 60 days of the entry of this order. See Ex. 1, Calculation of Interest.
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It is therefore by the Court, ORDERED, ADJUDGED AND DECREED that

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The sum of $2301.05 is the full, fair and just compensation for the taking by plaintiff of

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said property. That in accordance with Title 28 U.S.C. § 2042, said sum shall remain deposited

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in the registry of the court for a period of five (5) years, after which, if unclaimed shall be

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deposited into the Treasury in the name and credit of the United States. Any claimant entitled to

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such money, may, on petition to this court and upon notice of the United States and full proof to

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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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