United States of America v. 30.60 Acres of Land, More or Less, in the County of Sutter et al

Filing 19

ORDER For Delivery of Possession, signed by Judge Garland E. Burrell, Jr., on 5/27/10. All dfts in this action, and all persons in possession or control of the property, described in the Complaint in Condemnation, shall immediately surrender possession of said property to pltf upon service of a copy of this Order. (Kastilahn, A)

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1 B E N J A M IN B. WAGNER U n ite d States Attorney 2 K E L L I L. TAYLOR L Y N N TRINKA ERNCE 3 A s s is ta n t U.S. Attorneys 5 0 1 I Street, Suite 10-100 4 S a c ra m e n to , CA 95814 T e le p h o n e : (916) 554-2741 5 F a c sim ile : (916) 554-2900 6 A tto rn e ys for Plaintiff U n ite d States of America 7 8 9 10 11 U N IT E D STATES OF AMERICA, 12 13 v s . 14 3 0 .6 0 ACRES OF LAND, MORE OR L E S S , IN THE COUNTY OF SUTTER; 15 P A C IF IC GAS AND ELECTRIC C O M P A N Y ; STEVE HARRAH, SUTTER 16 C O U N T Y TREASURER; and UNKNOWN OW NERS, 17 D e f e n d a n ts . 18 / 19 P la in tif f United States of America has filed an ex parte motion for an order for the P l a in tif f , N o . 2:10-cv-789 GEB GGH O R D E R FOR DELIVERY OF P O S S E S S IO N IN THE UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 20 su rre n d e r of the possession of the 30.60 acres of property described in the Complaint in 21 C o n d e m n a tio n filed in this action. Entry of an order for possession is appropriately done via 22 e x parte application. United States v. 0.95 Acres of Land, 994 F. 2d 696, 698 (9 th Cir. 1993). 23 B a se d on Plaintiff's Memorandum of Points and Authorities filed with the motion and the 24 o rig in a l complaint and declaration of taking and exhibits filed therewith, the United States is 25 e n title d to possession of said property. 26 On April 2, 2010, the United States filed a Declaration of Taking and deposited eleven 27 th o u s a n d seven hundred dollars into the registry of the Court. Under the Declaration of Taking 28 A c t, 40 U.S.C. section 3114 (formerly 40 U.S.C. section 258a), upon the filing of the 1 D e c lar a tio n of Taking and the deposit of estimated just compensation, title to the property 2 d e sc rib e d in the declaration is vested in the United States. The primary purpose of the 3 D e c la ra tio n of Taking Act is to give the government immediate possession of the property and 4 g iv e the owner immediate compensation, in the form of estimated value in return for title to the 5 la n d . United States v. Miller, 317 U.S. 369 (1943). Thus, upon the filing of the Declaration of 6 T a k in g , the United States is entitled to possession. United States v. Cobb, 328 F. 2d 115 (9 th Cir. 7 1 9 6 4 ); Narramore v. United States, 960 F. 2d 1048, 1050 (9 th Cir. 1992). 8 T h e United States confirms that it needs immediate possession of the property because 9 th e Department of Energy wants to immediately commence and continue with construction of 10 th e power transmission system of the Central Valley Project, of which the line over the 11 c o n d e m n e d property is an integral part. The construction contract has been awarded and the 12 D e p a rtm e n t of Energy, through the Western Area Power Administration ("WAPA"), is prepared 13 to move forward with construction immediately but cannot begin construction without access to 14 a n d possession of the property. 15 Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that all defendants in this 16 a c tio n , and all persons in possession or control of the property, described in the Complaint in 17 C o n d e m n a tio n , shall immediately surrender possession of said property to Plaintiff upon service 18 o f a copy of this Order. 19 Dated: May 27, 2010 20 21 22 23 24 25 26 27 28 GARLAND E. BURRELL, JR. U n i t e d States District Judge

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