Sabal Trail Transmission, LLC v. .36 Acres of Land in Lake County Florida et al

Filing 30

ORDER granting 29 Plaintiff's Motion to deposit money into the United States Treasury. Signed by Magistrate Judge Philip R. Lammens on 11/30/2023. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
SABAL TRAIL TRANSMISSION,
LLC,
Plaintiff,
v.

Case No: 5:16-cv-191-JSM-PRL

.36 ACRES OF LAND IN LAKE
COUNTY FLORIDA, UNKNOWN
HEIRS AND BENEFICIARIES OF
CURTIS H. EDWARDS and
UNKNOWN OWNERS,
Defendants.
ORDER
In this case, the Court granted final default judgment in favor of Plaintiff, determining
that it had properly exercised its power of eminent domain and that just compensation for the
parcel of land at issue is $400.00. (Doc. 23). Nine days later, on September 30, 2016, Plaintiff
deposited $400.00 into the Court’s registry, and the case was closed. (Doc. 25). Over seven
years later, on October 20, 2023, the Court entered an order directing the return of the money
deposited in its registry to Plaintiff. (Doc. 28). Rather than have those funds returned, Plaintiff
moves under 28 U.S.C. § 2042, to deposit the money into the United States Treasury. (Doc.
29).
In every case in which the right to withdraw money deposited in court under
section 2041 has been adjudicated or is not in dispute and such money has
remained so deposited for at least five years unclaimed by the person entitled
thereto, such court shall cause such money to be deposited in the Treasury in
the name and to the credit of the United States. Any claimant entitled to any
such money may, on petition to the court and upon notice to the United States
attorney and full proof of the right thereto, obtain an order directing payment
to him.

28 U.S.C. § 2042.
In cases such as this one, courts find that the provisions of § 2042 are met by the entry
of final default judgment that determines the amount of just compensation owed for a parcel
of land and where more than five years have passed since the plaintiff deposited that amount
in the court’s registry. See Fla. Gas Transmission Co. v. +/- 0.335 Acres of Land in Putnam Cnty.,
No. 3:21-CV-233-BJD-PDB, 2022 WL 267479, at *3–4 (M.D. Fla. Jan. 28, 2022); see also
United States v. Tract J29-06, 2.5 Acres of Land, More or Less, in Collier Cnty., No. 2:08-CV-589FTM-29DNF, 2009 WL 4667436, at *3 (M.D. Fla. Dec. 3, 2009); Fla. Gas Transmission Co. v.
+/- 0.401 Acres of Land in Putnam Cnty., No. 3:21-CV-230-MMH-LLL, 2022 WL 267480, at
*4 (M.D. Fla. Jan. 28, 2022); United States v. Tract C16-10, No. 209-CV-104-FTM-29DNF,
2010 WL 2696187, at *2 (M.D. Fla. July 6, 2010) (determining amount of just compensation
in bench trial where no property owner appeared). Here, the Court entered final default
judgment, holding that $400.00 is just compensation for the parcel, and more than five years
have passed since Plaintiff deposited that amount into the Court’s registry. (Docs. 23 & 25).
Accordingly, Plaintiff’s motion (Doc. 29), is GRANTED. The Clerk is directed to
deposit the $400.00 of unclaimed funds and any interest accrued on those funds, into the
United States Treasury in the name and to the credit of the United States.
DONE and ORDERED in Ocala, Florida on November 30, 2023.

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Copies furnished to:
Counsel of Record
Unrepresented Parties

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