United States of America v. 29.81 Acres of Land, More or Less, Situate in Kern County, California et al
ORDER for Delivery of Possession signed by District Judge Dale A. Drozd on 9/14/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
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.,
(Doc. No. 16)
On July 13, 2017, plaintiff in this action, the United States of America, filed a complaint
in condemnation on behalf of the United States Army Corp of Engineers seeking title and
possession of the subject property, Tract No. 419 of Parcel 1 of Parcel Map 7436 in the
unincorporated area of Kern County, California,1 also known as APN 485-070-24. (See generally
Doc. Nos. 1; 1-3.) Plaintiff seeks possession of the subject property for construction of the Lake
Isabella Dam Safety Modification Project. (Doc. No. 1-2.) The court finds that the United States
has filed both a declaration of taking and deposited the estimated just compensation into the
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.)
court’s registry in accordance with 40 U.S.C. § 3114. (See Doc. No. 9.) As such, title to the land
is appropriately vested in the United States. 40 U.S.C. § 3114(b)(1). The court also notes that
Gerald Wenstrand, a named defendant in this action, has disclaimed any possessory interest
and/or right to just compensation with respect to the subject property on September 14, 2017.
(Doc. No. 15-1, Ex. 1.) Thus, only the United States and defendant, Malek Schipper Investment
and Development Group (“Malek”), have remaining possessory interests in the subject property.
(Doc. No. 16 at 2–3, ¶ 6.) According to the stipulation filed on September 14, 2017, the parties
met and conferred on August 21, 2017 and agreed that defendant, Malek, will “relinquish,
possession of the estate” and that the “United States’ right to possession of the property is
condemned” as of September 1, 2017. (Id. at 3, ¶ 7.) The court approves this stipulation and
further orders delivery of possession as follows:
1. All defendants to this action and all persons in possession or control of the property
described in the complaint and declaration of taking in this case shall surrender
possession of said property to the extent of the estate condemned, to the United States
effective September 1, 2017; and
2. This order shall be served upon counsel of record for Malek, and on all known persons
in possession or control of the said property forthwith.
IT IS SO ORDERED.
September 14, 2017
UNITED STATES DISTRICT JUDGE
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