USA v. 5.0 Acres of Land, et al

Filing 211

MOTION by Plaintiff United States of America for judgment Motion for Judgment on Verdict (Attachments: # 1 Exhibit Proposed order)(Ling, Ernest)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) v. ) 5.0 ACRES OF LAND, More or Less, ) ) Situated in Grundy County, State of Illinois, STANDARD BANK & TRUST COMPANY, ) ) as Trustee, under the Provisions of a Trust ) Agreement Dated the 28th Day of January ) 1992, Known as Trust Number 13162, and ) UNKNOWN OWNERS, ) ) Defendants.

No. 04 C 4325 Judge Gottschall

JUDGMENT ON VERDICT This cause coming on for the entry of Final Judgment, after a bench trial and pursuant to the court's memorandum opinion returned herein on September 30, 2008, this Court finds as follows: 1. That this action in condemnation was commenced in the above court on June 29,

2004, by the filing of a Declaration of Taking and Complaint in Condemnation on behalf of the United States of America. 2. That on July 1, 2004, the Court directed the Clerk to accept the United States' deposit

of $26,000 into the registry of the court, as the estimated just compensation for the taking of fee simple title to said lands, pursuant to 40 U.S.C. § 3114. 3. That the fee simple title to said lands vested in the United States of America on July

1, 2004, after the date of the filing of the Declaration of Taking herein and the date of deposit of estimated just compensation in the registry of the court; and the right to just compensation for the same was immediately vested in the persons entitled thereto.

4.

That the use for which the properties are taken is in connection with the operation

and maintenance of the nine-foot channel for the Illinois River, Illinois, and for the disposal of dredged material, and has been acquired by means of condemnation under judicial process in conformity and in compliance with the various provisions of the Acts of Congress set out in the complaint filed herein. 5. That all parties' interests directly or indirectly in the lands herein concerned have

been properly served with process, or have otherwise appeared in this action. 6. That the sum of $199,375.00 as found by the court is full compensation for the taking

of defendants' lands; and said amount shall be in full satisfaction of any and all claims of whatsoever nature against the United States of America by reason of the institution and prosecution of this action and the taking of said lands. 7. That the said sum of $199,375.00 shall also be subject to all liens, encumbrances and

charges of whatsoever nature, including claims of other parties to ownership, liens, encumbrances or charges against the land at the time of vesting of title thereto in the United States of America. 8. That there is a deficiency of $173,375.00 between the amount deposited as estimated

compensation and the amount of the court's award. IT IS, THEREFORE, BY THE COURT, ORDERED, ADJUDGED AND DECREED that the sum of $ 199,375.00 is the full, fair and just compensation for the taking by the United States of said lands.

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That the United States shall pay into the registry of the court the deficiency of $173,375.00, with interest at the rate established pursuant to 40 U.S.C. §3116, from the date of taking, July 1, 2004, until the date of deposit into the registry of this court in satisfaction of judgment.

JOAN B. GOTTSCHALL UNITED STATES DISTRICT JUDGE Dated:

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