USA v. 39.77 Acres of Land, More or Less, Situate in Tulare Co., et al.

Filing 108

ORDER 103 for FINAL JUDGMENT in EMINENT DOMAIN signed by District Judge Troy L. Nunley on 5/11/2015. The full and just compensation payable by United States for taking of estates in subject property is $747,500 which sum is all inclusive. Judgment shall be, and is hereby, entered against United States of America in the amount of $747,500. Just compensation has been properly paid and distributed to parties entitled to receive just compensation herein. (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 Case No. 1:14-cv-01819 TLN SKO v. 14 15 FINAL JUDGMENT IN EMINENT DOMAIN 39.77 ACRES OF LAND, MORE OR LESS, SITUATE IN TULARE COUNTY, STATE OF CALIFORNIA; et al., 16 Defendants. 17 18 The Court, having reviewed the United States of America’s Motion for Entry of Final Order on 19 Just Compensation and for Entry of Final Judgment (ECF No. 103), and good cause appearing therefore, 20 hereby finds that: 21 1. The “subject property” is 39.77 acres in Tulare County, California, more particularly 22 described in Schedule “B” of the Declaration of Taking and Complaint filed on November 19, 2014. 23 (ECF Nos. 1, 3). 24 2. On November 19, 2014, the United States commenced this condemnation action by filing 25 its complaint and declaration of taking. (ECF Nos. 1, 3.) On November 20, 2014, it deposited $747,500 26 as estimated just compensation for the taking into the Court’s registry. Clerk’s Receipt, 11/21/2014. 27 28 29 30 1 1 3. Upon the filing of the Declaration of Taking and the deposit of the $747,500 estimated 2 just compensation, the United States acquired title to the estates in the subject property by operation of 3 law pursuant to 40 U.S.C. § 3114. (ECF No. 93.) 4 5 6 7 8 9 4. The use for which the subject property is taken and condemned is one authorized by law, and the subject property and its taking are necessary and suited to that use. 5. All parties interested directly or indirectly in the subject property have been served with process, or have appeared in this action. 6. The property, and all claimants and parties interested therein, are within the jurisdiction of this Court, which has the power and authority to enter this final judgment. 10 NOW THEREFORE IT IS ORDERED, ADJUDGED, AND DECREED, that: 11 A. 12 13 14 15 16 17 The full and just compensation payable by the United States for the taking of the estates in the subject property is $747,500, which sum is all inclusive. B. Judgment shall be, and is hereby, entered against the United States of America in the amount of $747,500. C. Just compensation has been properly paid and distributed to the parties entitled to receive just compensation herein. IT IS SO ORDERED. 18 19 Dated: May 11, 2015 20 21 Troy L. Nunley United States District Judge 22 23 24 25 26 27 28 29 30 2

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