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