USA v. Tract H05-08

Filing 32

ORDER: The Government's Motion for Withdrawal of Surplus Funds 27 is WITHDRAWN. Defendant Nancy Ross's Motion for Withdrawal of Funds 28 is GRANTED. The Clerk is directed to issue a check to Nancy Ross at 6 Dowsing Place, Amityville, NY 11701, representing all of the funds held in the registry of the Court in this case, including all accrued interest, LEAVING NO SUM ON DEPOSIT. Signed by Judge Virginia M. Hernandez Covington on 6/15/2012. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.

Case No. 2:04-cv-4-FtM-33SPC

TRACT H05-08, 5.00 ACRES OF
LAND, MORE OR LESS IN COLLIER
COUNTY, FLORIDA, LAWRENCE H.
ROSS, IF LIVING, AND, IF
DECEASED, LAWRENCE H. ROSS
(DECEASED) AND THE UNKNOWN HEIRS
AND DEVISEES OF LAWRENCE H.
ROSS, ET AL.,
Defendants.
_______________________________/
ORDER
This matter comes before the Court pursuant to the
Government’s Motion for Withdrawal of Surplus Funds (Doc. #
27), filed May 17, 2012, and pro se Defendant Nancy Ross’s
Motion for Withdrawal of Funds (Doc. # 28), filed May 24,
2012. For the reasons stated at the hearing on June 15, 2012,
the Government’s Motion is withdrawn and Defendant Nancy
Ross’s Motion is granted.
Discussion
The Government filed its Complaint in Condemnation (Doc.
# 1) and Notice of Condemnation (Doc. # 2) on January 2, 2004.
On August 18, 2005, this Court held a bench trial on this
matter.

The Court issued its order pursuant to the bench

trial on August 19, 2005. (Doc. # 21).

Therein, the Court

explained that the estimated just compensation in this case is
$5,000 (which is one thousand dollars per acre).

The Court

further

the

ruled,

“On

the

date

of

deposit

of

Just

Compensation into the Registry of the Court, title to the
Property

will

vest

in

Plaintiff,

and

Plaintiff

will

be

entitled to immediate possession of the Property as of the
date of taking, August 18, 2005.” Id. at 2.

The Order also

stated, “in the event that the Just Compensation and any
interest, or any part thereof, remains unclaimed for a period
of five years from the date of this Order, the Clerk of Court,
pursuant to 28 U.S.C. § 2042, will cause such sum, together
with any interest, to be deposited in the United States
Treasury in the name and to the credit of the United States of
America.” Id. at 3-4.
On September 12, 2005, the Government deposited $5,000.00
into the Court’s Registry as estimated just compensation for
the land in question. (Doc. # 23).

On that date, title to the

Property vested in the Government. On September 16, 2005, the
Court issued its Final Judgment of Condemnation (Doc. # 25),
stating among other things: (1) All parties known or believed
by the United States to have an interest in the Property have
been served or notified as provided by Rule 71A, Fed.R.Civ.P.;
2

(2) The United States has the right to condemn the Property
that is the subject of this action for the public purpose
identified

in

the

Complaint;

(3)

$5,000.00

is

just

compensation for the Property; (4) The United States has
deposited $5,000 in the Court’s Registry; (5) on September 12,
2005, title to the Property vested in the USA free and clear
of, and discharged of, all claims and liens of every kind
whatsoever.

Further, as of September 12, 2005, the United

States is entitled to possession of the Property. (Doc. # 25).
There was no action in this case from September 16, 2005,
until May 17, 2012, when the Government filed its Motion for
Withdrawal of Surplus Funds, in which the Government requested
permission to distribute the funds to the National Parks
Service. (Doc. # 27).
On

May

24,

2012,

Nancy

Ross

filed

her

Motion

for

Withdrawal of Funds (Doc. # 28), in which she states that she
is entitled to immediate disbursement of all the money.

In

her papers, she also claims that she has not had any notice of
these proceedings until May 2012.
On June 12, 2012, Ross filed her Notice of Filing
Documents Regarding Her Motion for Withdrawal of Funds (Doc.
# 30). The Property originally belonged to Lawrence H. Ross,
and she was the sole devisee of Lawrence H. Ross.
3

The Court

has a copy of Lawrence H. Ross’s handwritten will (dated
December 5, 1994), which states, “My acerage [sic] located in
Collier County, Florida I leave to Nancy Ross, Amityville,
N.Y.”

(Doc.

#

30-1

at

3).

The

will

is

witnessed

and

notarized.
At the hearing held on June 15, 2012, the Government
withdrew its Motion and agreed that Ross is entitled to all of
the money in the Court’s registry, including any accrued
interest.

Accordingly, the Court grants Ross’s Motion.1

Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Government’s Motion for Withdrawal of Surplus Funds
(Doc. # 27) is WITHDRAWN.

(2)

Defendant Nancy Ross’s Motion for Withdrawal of Funds
(Doc. # 28) is GRANTED.

(3)

The Clerk is directed to issue a check to Nancy Ross at
6 Dowsing Place, Amityville, NY 11701,

representing all

of the funds held in the registry of the Court in this
case, including all accrued interest, LEAVING NO SUM ON
DEPOSIT.

1

Nancy Ross’s brother, Steven Ross, also participated in
the hearing and stated that he has no objection to Nancy Ross
receiving the funds in question.
4

DONE and ORDERED in Fort Myers Florida, this 15th day of
June, 2012.

Copies: All Counsel and Parties of Record
Court’s Finance Department

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