United States of America v. Tract J26-25
Filing
49
OPINION AND ORDER granting 40 Motion to determine entitlement to just compensation to the extent determined; granting 42 Supplemental motion for disbursement of funds to the extent that the supplemental information was considered; granting in par t 46 Motion for disbursement of funds; granting in part 32 Motion for disbursement of funds; granting in part 33 Motion for disbursement of funds; granting in part 34 Motion for disbursement of funds; granting in part 35 Motion for disburse ment of funds; granting in part 36 Motion for disbursement of funds; granting in part 37 Motion for disbursement of funds. Disbursement is taken under advisement pending an opportunity for Alma Kemp to provide the Court further documentation reg arding her payment of taxes within 21 days. If no additional documentation is provided or available, the Court will disburse $651.29 to Alma Kemp and the remaining funds to the claimants in the second chart. The Clerk shall terminate all deadlines and deliver a copy of this Order to all claimants listed on the docket. Signed by Judge John E. Steele on 7/20/2011. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNTIED STATES OF AMERICA,
Plaintiff,
vs.
Case No.
2:09-cv-214-FtM-29SPC
TRACT J26-25, 5.0 ACRES OF LAND,
MORE OR LESS, IN COLLIER COUNTY,
FLORIDA, DAVID H. KNOWLES, ET AL.,
Defendant.
___________________________________
OPINION AND ORDER
This matter came before the Court on an evidentiary hearing as
to entitlement to just compensation.1
On May 4, 2011, the Court
issued an Order (Doc. #44) setting the hearing and providing that
“[a]ny interested parties who fail to appear, or otherwise file a
paper Application in lieu of appearing, will be deemed to have
waived any interest in the just compensation.”
(Doc. #44, p. 2.)
Prior to the hearing, Applications for Withdrawal of Just
Compensation (Docs. ## 32-37, 46) were filed by Alma C. Kemp,
Nadine Hallmon, Robert H. Kemp, Viola Macon, Francis Knowles, Anne
Smith, and Harold Isaiah Knowles.
Alma C. Kemp also filed a letter
supplemental motion (Doc. #42), and the Court received a letter
1
On November 9, 2010, the government deposited $7,500.00 as
just compensation after trial. (Doc. #26.) On December 9, 2010,
$60.40 of the funds on deposit were disbursed to the Collier County
Tax Collector for taxes due and owing. (Doc. #31.)
dated June 30, 2011 from Claimant Bertha M. Highsmith recommending
that her cousin Alma C. Kemp receive all funds in the Registry and
stating that she would not be appearing at the hearing.
Claimants
Alma C. Kemp and Nadine Hallmon both seek the full amount on
deposit.
Claimant Robert H. Kemp seeks a “fair share”; claimant
Viola Macon seeks a 1/42 share or $178.57; claimant Francis Knowles
seeks a “divided share”; claimant Anne Smith seeks 15% or $500.00;
and claimant Harold Isaiah Knowles seeks an unstated amount.
At the hearing, claimants Alma C. Kemp, Frances Knowles,
Beulah Smith, Darrell Smith, and Ivan Gibson appeared in person.
Alma C. Kemp seeks compensation for having paid the taxes on the
property since approximately the 1980s without assistance and for
her mother (Inez Knowles Smith Gibson) who had been paying the
taxes when the owner, David H. Knowles, passed away.
Her sister,
Beulah Smith, stated that Alma C. Kemp should receive all the funds
based on the payment of the taxes.
Frances Knowles, a cousin,
stated that she would have helped pay taxes if she had known about
the taxes being paid.
Ivan Gibson, Alma Kemp’s brother, stated
that she should receive compensation for having paid the taxes with
the remainder to be disbursed equally. Darrell Smith did not speak
at the hearing and has interest in the property as the son-in-law
of Beulah Smith.
The government took no position except to provide considerable
guidance to the Court.
Based on Florida law, the government
-2-
indicated how compensation could be distributed among 33 potential
claimants.
Anne Smith is not a descendant of David H. Knowles, but
rather is the surviving spouse of Harry Smith, child of Joanna
Knowles Smith and nephew of David H. Knowles.
application will be denied.
Therefore, her
Having previously stated that the
failure to appear or file an application would result in a waiver
of rights to the just compensation, the Court will deem the nonappearing claimants to have forfeited their individual interests in
the just compensation.
Therefore, the following eight claimants remain at issue:
Harold
Isaiah
Knowles;
Francis
Knowles;
Nadine
Hallmon;
Ivan
Gibson; Alma Kemp; Robert Kemp; Viola Macon; and Beulah Mae Smith,
who suggested that the funds should be distributed to her sister
Alma Kemp.
Claimant Alma Kemp is the only individual who has paid
the taxes on the property since at least January 1976 (Doc. #32-1,
p. 13).
Under Florida law, one who paid taxes has an equitable remedy
against the person who should have paid the taxes on real property.
Trueman Fertilizer Co. v. Allison, 81 So. 2d 734, 737 (Fla. 1955).
“The doctrine of subrogation is based
upon the principle of
natural justice and was created to afford relief where one is
required to pay a legal obligation which ought to have been met,
either wholly or partially, by another.”
-3-
Id. at 737.
The remaining eight claimants are heirs of David Knowles and
entitled to just compensation. All 33 claimants technically had an
obligation to pay the taxes on the property in order to preserve
their rights to the fair market value of the property.
Alma Kemp’s
payment of taxes ensured all claimants’ interest in the property.
To reward the other claimants who did not contribute to the payment
of taxes would result in a windfall because they will reap the
benefits of the just compensation after Alma Kemp’s payment of the
taxes preserved their rights for over 40 years.
See, e.g., Poole
v. Savage, 561 So. 2d 360, 363 (Fla. 1st DCA 1990)(wife was granted
a special equity interest in property requiring her to share in the
property’s maintenance held by husband, and wife later sought to
offset the amount by the rental value of the property.
The Court
found that to allow the husband to pay only half the expenses but
receive
all
the
benefits
would
result
in
a
windfall
to
the
husband.)
Alma Kemp provided partial tax records for some of the years
taxes were paid on the property. The Court finds that Alma Kemp is
entitled to reimbursement for the taxes paid on behalf of all
interested claimants as a lien on the property.
following records:
03/2010 (2009 Taxes)
$ 71.40
12/2008 (2008 Taxes)
$ 65.45
03/2008 (2007 Taxes)
$ 70.92
-4-
The Court has the
12/2006 (2006 Taxes)
$ 54.10
03/2006 (2005 Taxes)
$ 58.58
11/2004 (2004 Taxes)
$ 56.59
03/2004 (2003 Taxes)
$ 60.08
3/1997 (1996 Taxes)
$ 41.01
3/1995 (1993 Taxes)
$ 40.10
4/1991 (1990 Taxes)
$ 43.37
03/1987 (1986 Taxes)
$ 35.99
11/1985 (1985 Taxes)
$ 32.50
1/1976 (1975/1976 Taxes) $ 21.20
TOTAL:
$651.29
Therefore, Alma Kemp is entitled to at least $651.29 for taxes
paid, separate from her claim as an heir of David Knowles.
The
Court will provide Alma Kemp an opportunity to provide the Court
any and all proof of past tax payments for the other years.
is
undisputed
that
Alma
Kemp
paid
the
taxes,
proof
As it
may
be
demonstrated by tax receipts, copies of checks, or tax assessment
notices individually.
required.
Both a tax receipt and check are not
If the records cannot be produced within the time the
Court provides, Alma Kemp will be awarded the $651.29 in addition
to her share of the just compensation as stated below.
The Court finds that the remaining funds should be distributed
to claimants based on their individual familial relationships to
David Knowles2 as follows:
2
David Knowles was a widow with no children at the time of his
(continued...)
-5-
Harold Isaiah Knowles
1/3 or 33.3%
Francis Knowles
1/6 or 16.66%
Nadine Hallmon
1/6 or 16.66%
Ivan Gibson
1/15 or 6.66%
Robert Kemp
1/15 or 6.66%
Alma Kemp
1/15 or 6.66%
Viola Macon
1/15 or 6.66%
Beulah Mae Smith
1/153 or 6.66%
Accordingly, it is now
ORDERED:
1.
The government’s Combined Motion to Determine Entitlement
to Just Compensation (Doc. #40) is GRANTED to the extent that
entitlement is determined herein.
2.
Alma
C.
Kemp’s
Application
for
Withdrawal
of
Just
Compensation (Doc. #32) is GRANTED IN PART.
2
(...continued)
dead, but left behind eight siblings: Joanna Knowles Smith, Isaiah
Knowles, Felix Knowles, Samuel Knowles, Inez Knowles Smith Gibson,
Kathleen Knowles Smith, Evelyn Knowles Smith, and Elizabeth J.
Smith. Of these eight siblings, only three have heirs with active
claims. Samuel passed away leaving no issue, Felix passed away
leaving heirs who have filed claims (Francis Knowles and Nadine
Hallmon as grandchildren), and Isaiah Knowles passed away leaving
behind his son, claimant Harold Isaiah Knowles. Joanna Knowles
Smith, Kathleen Knowles Smith, Evelyn Smith, and Elizabeth J. Smith
are all deceased and their issue are deemed to have forfeited their
interest in the property for failure to appear or file a claim.
Inez Knowles Smith Gibson also passed away and some of her children
have filed claims or appeared (Viola Macon, Beulah Mae Smith, Alma
Kemp, Robert Kemp, and Ivan Gibson).
3
Although Beulah Mae Smith stated in Court that her sister
Alma Kemp should receive all funds, the Court will leave that
decision to Ms. Smith’s discretion after disbursement of the funds.
-6-
3.
Nadine Hallmon’s Application for Withdrawal of Just
Compensation (Doc. #33) is GRANTED IN PART.
4.
Robert H. Kemp’s Application for Withdrawal of Just
Compensation (Doc. #34) is GRANTED IN PART.
5.
Viola
Macon’s
Application
for
Withdrawal
of
Just
Compensation (Doc. #35) is GRANTED IN PART.
6.
Francis Knowles’ Application for Withdrawal of Just
Compensation (Doc. #36) is GRANTED IN PART.
7.
Anne
Smith’s
Application
for
Withdrawal
of
Just
Compensation (Doc. #37) is DENIED.
8.
Harold Isaiah Knowles’ Application for Withdrawal of Just
Compensation (Doc. #46) GRANTED IN PART.
9.
GRANTED
Alma C. Kemp’s letter supplemental motion (Doc. #42) is
to
the
extent
that
the
supplemental
information
was
considered by the Court.
10.
Ivan Gibson’s oral request is GRANTED IN PART.
11.
Beulah Mae Smith’s oral request is GRANTED IN PART.
12.
opportunity
Disbursement
for
Alma
is
taken
Kemp
to
under
advisement
provide
the
pending
Court
an
further
documentation regarding her payment of taxes within TWENTY-ONE (21)
DAYS of this Opinion and Order.
If no additional documentation is
provided or available, the Court will disburse $651.29 to Alma Kemp
and the remaining funds to the claimants as provided in the second
chart.
-7-
13.
The Clerk shall terminate all deadlines, and deliver a
copy of this Opinion and Order to all claimants listed on the
docket.
DONE AND ORDERED at Fort Myers, Florida, this
July, 2011.
Copies:
Counsel of record
Claimants
-8-
20th
day of
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