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

Filing 16

ORDER granting 8 Ex Parte Application for Order for Deposit of Funds in Registry of Court signed by Magistrate Judge Stanley A. Boone on 11/21/2014. (Lundstrom, T)

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: [phone]
Facsimile: [phone]
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6 Attorneys for United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 UNITED STATES OF AMERICA,
Plaintiff,

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CASE NO. 1:14-cv-01819 SAB
ORDER GRANTING EX PARTE
APPLICATION FOR ORDER FOR DEPOSIT
OF FUNDS IN REGISTRY OF COURT

v.

14 39.77 ACRES OF LAND, MORE OR LESS,
SITUATE IN TULARE COUNTY, et al.,
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Defendants.
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[GENERAL ORDER 531; L.R. 150(b)]

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The United States of America hereby requests that the Court issue an order requiring the Clerk of
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the Court to accept from the United States of America a check in the amount of SEVEN HUNDRED
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FORTY SEVEN THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($747,500.00) for deposit in
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the registry of the Court pending further order of the Court. In support whereof, the United States
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represents as follows:
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1.
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The United States is in the process of exercising its authority to condemn and otherwise

take property under 40 U.S.C. § 3114. Section 3114 provides that on “filing the declaration of taking

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and depositing in the court . . . the amount of estimated compensation stated in the declaration—(1) title
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to the estate or interest specified in the declaration vests in the Government; (2) the land is condemned
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and taken for the use of the Government; and (3) the right to just compensation for the land vests in the
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1 persons entitled to the compensation.” Hence, the United States is required to file a declaration of
2 taking and deposit an amount of estimated compensation in order to comply with 40 U.S.C. § 3114.
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2.

Concurrently herewith, the United States is filing a Declaration of Taking pursuant to 40

4 U.S.C. § 3114.
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WHEREFORE, the United States of America requests that the Court issue an order requiring the

6 Clerk of the Court to accept from the United States of America a check in the amount of SEVEN
7 HUNDRED FORTY SEVEN THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($747,500.00)
8 for deposit in the registry of the Court pending further order of the Court.
9 DATED: November 19, 2014

BENJAMIN B. WAGNER
United States Attorney

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/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney

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ORDER

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16 IT IS SO ORDERED.
17 Dated:
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November 21, 2014
UNITED STATES MAGISTRATE JUDGE

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