United States of America v. 29.81 Acres of Land, More or Less, Situate in Kern County, California et al

Filing 17

ORDER for Delivery of Possession signed by District Judge Dale A. Drozd on 9/14/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 No. 1:17-cv-00932-DAD-JLT v. ORDER FOR DELIVERY OF POSSESSION 29.81 ACRES OF LAND, MORE OR LESS, SITUATE IN KERN COUNTY, CALIFORNIA, AND MALEK & SCHIPPER INVESTMENT AND DEVELOPMENT CORP., et al., 17 (Doc. No. 16) Defendants. 18 19 On July 13, 2017, plaintiff in this action, the United States of America, filed a complaint 20 21 in condemnation on behalf of the United States Army Corp of Engineers seeking title and 22 possession of the subject property, Tract No. 419 of Parcel 1 of Parcel Map 7436 in the 23 unincorporated area of Kern County, California,1 also known as APN 485-070-24. (See generally 24 Doc. Nos. 1; 1-3.) Plaintiff seeks possession of the subject property for construction of the Lake 25 Isabella Dam Safety Modification Project. (Doc. No. 1-2.) The court finds that the United States 26 has filed both a declaration of taking and deposited the estimated just compensation into the 27 28 1 Said Parcel Map was recorded April 8, 1985 in Book 31, Page 188 of Parcel Maps in the office of the County Recorder in Kern County, California. (Doc. No. 1-3.) 1 1 court’s registry in accordance with 40 U.S.C. § 3114. (See Doc. No. 9.) As such, title to the land 2 is appropriately vested in the United States. 40 U.S.C. § 3114(b)(1). The court also notes that 3 Gerald Wenstrand, a named defendant in this action, has disclaimed any possessory interest 4 and/or right to just compensation with respect to the subject property on September 14, 2017. 5 (Doc. No. 15-1, Ex. 1.) Thus, only the United States and defendant, Malek Schipper Investment 6 and Development Group (“Malek”), have remaining possessory interests in the subject property. 7 (Doc. No. 16 at 2–3, ¶ 6.) According to the stipulation filed on September 14, 2017, the parties 8 met and conferred on August 21, 2017 and agreed that defendant, Malek, will “relinquish, 9 possession of the estate” and that the “United States’ right to possession of the property is 10 condemned” as of September 1, 2017. (Id. at 3, ¶ 7.) The court approves this stipulation and 11 further orders delivery of possession as follows: 12 1. All defendants to this action and all persons in possession or control of the property 13 described in the complaint and declaration of taking in this case shall surrender 14 possession of said property to the extent of the estate condemned, to the United States 15 effective September 1, 2017; and 16 2. This order shall be served upon counsel of record for Malek, and on all known persons 17 18 19 in possession or control of the said property forthwith. IT IS SO ORDERED. Dated: September 14, 2017 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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