United States of America v. 160.00 Acres of Land et al.

Filing 30

JUDGMENT by Judge George H. Wu. The Clerk of the Court shall pay seventy-five percent (75%) of the deposited funds ($150,000.00), plus 75% of any interest accrued thereon while within the Registry of the Court, less any authorized fe es or costs, jointly to: James F. Davidson, Fred J. Davidson and Donna M. Davidson. The Clerk of the Court shall pay twenty-five percent (25%) of the deposited funds ($50,000.00), plus 25% of any interest accrued thereon while within the Registry of the Court, less any authorized fees or costs, to Julie Orogo, Luna: Julie Orogo Luna. (See document for further details) (MD JS-6, Case Terminated). (mrgo)

JS-6
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MARC GORDON (DC Bar No. 430168)
[e-mail]
[phone]
[phone] (fax)
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611 – Ben Franklin Station
Washington, D.C. 20044-7611

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Attorney for Plaintiff

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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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160.00 ACRES OF LAND, MORE )
OR LESS, SITUATE IN SAN
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BERNARDINO COUNTY, STATE )
OF CALIFORNIA; CONSTANCIO )
G. OROGO; UNKNOWN
)
OWNERS; STATE OF
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CALIFORNIA; AND SAN
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BERNARDINO COUNTY TAX
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COLLECTOR, et al.,
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Defendants.
)

Case No. EDCV 16-1191-GW(KKx)
JUDGMENT

Trial: November 9, 2017
Time: 8:30 a.m.
The Honorable George H. Wu

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Trial by narrative statement pursuant to Local Rule 43-1 commenced on

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November 9, 2017 at 8:30 a.m. Plaintiff, United States submitted its Trial Brief
and the Declaration of Robert W. Colangelo, and appeared by Trial Attorney Marc
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Gordon. No answer or appearance was made by any named defendant. Having
reviewed the pleadings and papers filed herein, and argument of counsel having

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been heard, the Court made Findings of Fact and Conclusions of Law pursuant to

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Fed. R. Civ. P. 52.

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Based on the foregoing, it is ORDERED, ADJUDGED AND DECREED

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that:

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1.

Plaintiff, the United States of America, is vested with title as follows:
fee simple title to the land, subject however, to existing
easements for public roads and highways, public utilities,
railroads and pipelines; excepting and excluding from the
taking all interests in oil, gas, oil shale, coal, phosphate,
sodium, gold, silver and all other mineral deposits which are
outstanding in parties other than the surface owners, the
appurtenant rights for the exploration, development and
removal of said minerals, and the right of the people to fish as
reserved in the patent from the State of California;
to the property legally described as follows (“Subject Property”):
The Southeast ¼ of Section 16, Township 31 South,
Range 46 East, Mount Diablo Base and Meridian, County of
San Bernardino, State of California, according to the Official
Plat thereof.
Excepting all oil, gas, oil shale, coal, phosphate, sodium,
gold silver and all other mineral deposits contained in said land,
together with the right to drill for an extract such deposits of oil
and gas, or gas, and to prospect for, mine, and remove such
deposits of other minerals from said land, and to occupy and
use so much of the surface of said land as may be required
therefor, upon compliance with the conditions and subject to
the provisions and limitations of Chapter 5, Part I, Division 6 of
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the Public Resources Code, as reserved to the State of
California by Patent dated August 7, 1953 and Recorded
September 23, 1953 in book 3246, page 65 Official Records.

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This Tract No. 313 is also known as Assessor’s Parcel
Number 0507-091-18-0000, containing 160.00 acres, more or
less;

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2.

The just compensation for the taking of the Subject Property is the

sum of $200,000.00;

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3.

Prior to this action the Subject Property was owned by Julie Orogo

Luna (aka Julie Luna Orogo), as to an undivided ¼ interest; and Fred J. Davidson
(aka Fred J. Davison), a widower, James F. Davidson (aka James F. Davison) and

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Donna M. Davidson (aka Donna M. Davison), his wife, as their interests may

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appear of record, as to the remainder.

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4.

The Clerk of the Court shall pay seventy-five percent (75%) of the

deposited funds ($150,000.00), plus 75% of any interest accrued thereon while
within the Registry of the Court, less any authorized fees or costs, jointly to:

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James F. Davidson, Fred J. Davidson and Donna M. Davidson
c/o James F. Davidson
5451 Twin Lakes Drive
Cypress, CA 90630
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The Clerk of the Court shall pay twenty-five percent (25%) of

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the deposited funds ($50,000.00), plus 25% of any interest accrued thereon while

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within the Registry of the Court, less any authorized fees or costs, to Julie Orogo,
Luna:

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Julie Orogo Luna
2104 Avila Place
Oxnard CA, 93036

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DATED: November 20, 2017
_____________________________
GEORGE H. WU, U.S. DISTRICT JUDGE

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Respectfully submitted,
_/s/ __________________
MARC GORDON (DC Bar No. 430168)
[e-mail]
[phone]
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611 – Ben Franklin Station
Washington, D.C. 20044-7611
Attorney for Plaintiff

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