United States of America v. 13.03 Acres of Land, et al

Filing 52

ORDER signed by District Judge Troy L. Nunley on 1/14/15. The Clerk shall distribute $1,656,000.00 by check made payable to "Joseph M. Hannegan, Trustee Under the Joseph M. Hannegan Family Trust Dated May 3, 1989" as soon as possible, and no later than 30 days after the date of entry of this order. Upon payment the Clerk is directed to enter satisfaction of judgment of record as to the Trustee. (cc: Financial) (Manzer, C)

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1 BENJAMIN B. WAGNER United States Attorney 2 LYNN TRINKA ERNCE Assistant United States Attorney 3 501 I Street Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2720 Facsimile: (916) 554-2900 5 6 Attorneys for United States of America 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 CASE NO. 1:14-CV-01816 TLN SKO ORDER AUTHORIZING DISBURSEMENT OF $1,656,000.00 DEPOSIT v. 14 13.03 ACRES OF LAND, MORE OR LESS, SITUATE IN TULARE COUNTY, STATE OF 15 CALIFORNIA; JOSEPH M. HANNEGAN, TRUSTEE UNDER THE JOSEPH E. 16 HANNEGAN TRUST; ROSEDALE WATER COMPANY, A CALIFORNIA 17 CORPORATION; SUCCESS DEVELOPMENT COMPANY, A CALIFORNIA 18 CORPORATION; JOYCE D. TZUGARIS AKA JOYCE D. KING AKA J.D. TZUGARIS AKA 19 J.D. KING; CARL ADAIR BROWN AKA C. ADAIR BROWN; BARBARA J. BROWN; 20 HEIRS AND ASSIGNS OF GARY A. CHRISTENSEN; HEIRS AND ASSIGNS OF 21 EVA C. CHRISTENSEN; CHICAGO TITLE INSURANCE COMPANY; HEIRS AND 22 ASSIGNS OF WILLIAM R. REYNOLDS; ARLENE REYNOLDS, TRUSTEE UNDER 23 THE REYNOLDS SURVIVOR’S TRUST; TULARE COUNTY TREASURER AND TAX 24 COLLECTOR; and UNKNOWN OWNERS, 25 Defendants. 26 27 28 30 ORDER AUTHORIZING DISBURSEMENT OF $1,656,000.00 DEPOSIT 1 Following a stipulation, filed herein, by and between the United States of America and Joseph 1 2 M. Hannegan, Trustee Under The Joseph E. Hannegan Family Trust Dated May 3, 1989 (“Trustee”), the 3 Court is fully informed and finds: The subject property is situated in the County of Tulare, State of California, as more particularly 4 5 described in the Complaint and Declaration of Taking filed herein. On November 20, 2014, the United States filed a Complaint and a Declaration of Taking which 6 7 describe the estate and interests in the subject property condemned by this action, and delivered a check 8 for $1,656,000.00 to the Clerk of the Court as estimated just compensation for the taking of such estate 9 and interests. The Clerk deposited the check into the Court’s registry account on November 25, 2014. The Trustee has warranted and represented that he held fee title to the subject property as of 10 11 November 20, 2014 and November 25, 2014. The United States and the Trustee have entered into a stipulation whereby the Trustee has agreed 12 13 to accept payment of $1,656,000.00 as just compensation for the Trustee’s interests in the subject 14 property. The parties have requested that the Court order the Clerk to disburse the $1,656,000.00 as soon 15 as possible under Rule 71.1(j)(2) of the Federal Rules of Civil Procedure. 16 Based on the stipulation and good cause appearing therefore, 17 IT IS HEREBY ORDERED that the stipulation is approved in its entirety; 18 IT IS FURTHER ORDERED that, as soon as possible, and no later than thirty (30) days after the 19 date of entry of this Order, the Clerk shall distribute $1,656,000.00 by check made payable to “Joseph M. 20 Hannegan, Trustee Under The Joseph E. Hannegan Family Trust Dated May 3, 1989” and mailed to: Joseph M. Hannegan 2039 Stratford Avenue South Pasadena, CA 91030 21 22 23 This payment shall be full, adequate, and just compensation for all of the Trustee’s interests in the 24 estates and interests condemned in this action and shall be in full satisfaction of any and all claims of 25 whatsoever nature by the Trustee against the United States of America in any way related to the institution 26 and prosecution of this action. 27 /// 28 /// 30 ORDER AUTHORIZING DISBURSEMENT OF $1,656,000.00 DEPOSIT 2 1 Upon payment of the $1,656,000.00 to the Trustee, the Clerk is directed to enter satisfaction of 2 judgment of record as to the Trustee. 3 The parties shall be responsible for their own legal fees, costs, and expenses. 4 5 Dated: January 14, 2015 6 7 8 Troy L. Nunley United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 ORDER AUTHORIZING DISBURSEMENT OF $1,656,000.00 DEPOSIT 3

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