United States of America v. 0.021 Acres of Land et al

Filing 29

ORDER & REASONS granting 26 MOTION for Determination of Title filed by United States of America. FURTHER ORDERED that prior to title vesting in the United States, ownership of the property was held by the listed individuals in the percentages set f orth on page 5 of this Order and Reasons. FURTHER ORDERED that the just compensation payable by the United States to the defendants-claimants shall be the sum total of $700.00 for the taking of the Tract 345E. FURTHER ORDERED that the pretrial conference and the trial are hereby cancelled. Within 7 days, the United States shall submit a proposed judgment consistent with this Order and Reasons. Signed by Judge Martin L.C. Feldman on 5/11/2015.(caa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

UNITED STATES OF AMERICA

CIVIL ACTION

v.

NO. 14-0036

0.021 ACRES OF LAND, MORE OR LESS,
SITUATE IN PARISH OF PLAQUEMINES,
STATE OF LOUISIANA, and ESTATE OF
VICTOR JONES, JR., ET AL.

SECTION "F"

ORDER AND REASONS
Before

the

Court

is

the

United

States'

motion

for

determination of title and request for hearing to determine just
compensation.

On April 20, 2015, the Court granted the motion

insofar as the Court ordered that the issues of ownership and just
compensation for the taking of Tract 345E will be resolved by May
13, 2015, on the papers, because no defendant had appeared or
answered. On April 21, 2015, the United States filed a certificate
of service into the record of this case, certifying that it had
served a copy by regular and certified mail of this Court's April
20, 2015 order on those parties listed below. For the reasons that
follow, the United States' motion is GRANTED, and the Court hereby
resolves the ownership and just compensation issues -- the only
issues in this case -- as follows.

1

Background
This is a land condemnation case in which the United States
has condemned, for the public use of flood protection, a small
levee easement consisting of .021 acres of land situated in
Plaquemines Parish, Louisiana.
In January 2014 the United States filed this land condemnation
action, condemning a perpetual flood protection levee easement over
real property, consisting of a total of .021 acres of land,
situated in Plaquemines Parish, Louisiana, and designated as Tract
No. 345E.1

Title vested in the United States upon its deposit of

$700.00 into the Court's registry on January 8, 2014.
The United States has identified the persons who may have
ownership interest in Tract 345E.

The title company determined

that the land had been acquired in 1947 by Victor Jones and Ethel
Coleman Jones, who are now both deceased.

A succession for Victor

Jones has not been opened; accordingly, the United States has
included in the record Schedule E, an entry for "Unknown Heirs,
Legatees, Successors and Assigns Having or Claiming an Interest in
the Estate of Victor Jones, aka Victor Jones, Sr."

The title

company has determined that 14 individuals have ownership interest
in the land, due to an Amended Judgment of Possession in the
Succession of Ethel Coleman Jones that was recorded in Plaquemines

1

A detailed description of Tract No. 345E is contained in
the record at Record Document 2, Schedule B.
2

Parish in June 2008: Mark Jones, Angelina Jones, Jesse Jones,
Kendrell

Jones,

Clifton

Raye,

Cal

LaFrance,

Joshua

LaFrance,

Yasheka LaFrance, Eric K. Jones, Victor Jones, Jr., Claudette Jones
Riddick, Leatrice Jones LaFrance, Loretta Jones Henry, and Claude
Jones.

One of the heirs, Victor Jones, Jr., died in 2011; because

a succession has not been opened for Victor Jones, Jr., Schedule E
includes an entry for "Unknown Heirs, Legatees, Successors and
Assigns Having or Claiming an Interest in the Estate of Victor
Jones, aka Victor Jones, Jr."2

All of these individuals are

identified in Schedule E of the Declaration of Taking as interested
parties to the action.
appearance or an answer.

None of these individuals have filed an
To assist the Court in determining the

owners of compensable interests at the time of the taking, the
United States has submitted to the Court a preliminary and final
title policy, which indicates the owners of record at the time the
Lis Pendens was recorded in Plaquemines Parish.

The United States

now requests that the Court (1) review the evidence submitted to
determine who is entitled to receive just compensation for the
0.021 acres of land involved in this action and (2) make a
determination of just compensation pursuant to Federal Rule of
Civil Procedure 71.1(h).

2

The United States submits that the obituary states that
the sole surviving heir appears to be Angel Jones, who is also
listed in Schedule E.
3

I.
A.
Ownership
Federal courts sitting in condemnation cases are authorized to
determine who among competing claimants held title to land prior to
its condemnation.

Clark v. White, 185 F.2d 528, 530 (5th Cir.

1950); United States v. 22,680 Acres of Land, 438 F.2d 75, 77 (5th
Cir. 1971); United States v. 1,629.6 Acres of Land, 503 F.2d 764,
766 (3d Cir. 1974); United States v. Atomic Fuel Coal Co., 383 F.2d
1, 3 (4th Cir. 1967).
Pursuant to Rule 71.1 of the Federal Rules of Civil Procedure,
the Court "tries all issues, including compensation, except when
compensation

must

be

determined

tribunal or by a jury]."

by

[a

specially

constituted

As the Supreme Court has observed:

The Rule provides that, except for the single issue of
just compensation, the trial judge is to decide all
issues, legal and factual, that may be presented . . . .
It is for him to decide "all issues" other than the
precise issue of the amount of compensation to be
awarded.
United States v. Reynolds, 397 U.S. 14, 19-20 (1970).

Thus, the

Court has jurisdiction to determine whether a defendant-claimant
has a compensable interest and is thus entitled to present evidence
as to just compensation at a trial on that issue.

Rule 71.1(h)

reserves this determination, properly disposed of as a preliminary

4

matter, to the Court.3
In furtherance of its amicus curiae role regarding ownership
issues, the United States has identified the persons who may have
an ownership interest in Tract 345E; all informed by the title
company's review of the chain of title.

The United States submits

that the following persons appear to have ownership interest in
Tract 345E:
1.

Claude Jones (possible 11.11% interest)

2.

Claudette Jones Riddick (possible 11.11% interest)

3.

Leatrice Jones LaFrance (possible 11.11% interest)

4.

Loretta Jones
interest)

5.

Eric K. Jones (possible 11.11% interest)

6.

Clifton Raye (possible 11.11% interest)

7.

Cal LaFrance (possible 3.71% interest)

8.

Joshua LaFrance (possible 3.70% interest)

9.

Yasheka LaFrance (possible 3.70% interest)

10.

Mark Jones (possible 2.78% interest)

11.

Jesse Jones (possible 2.78% interest)

12.

Angelina Jones (possible 2.78% interest)

13.

Kendrell Jones (possible 2.78% interest)

14.

Angel Jones (possible 11.11% interest if Victor Jones, Jr.'s
sole heir)

Henry

aka

Loretta

3

Jones

(possible

11.11%

The United States requests that the Court consider the
evidence it has presented to the Court that may support a claim to
ownership interest in the tract.
5

None of these persons have filed either an appearance or an answer.
This is so even though the United States published on three
occasions

in

July

2014

in

the

Times-Picayune

its

Notice

of

Condemnation; and even though the United States certified that it
served on the claimant-defendants by regular and certified mail
this Court's April 20, 2015 Order giving notice that the Court will
resolve the ownership and just compensation issues by May 13, 2015.
There being no challenge or additional evidence to consider with
respect to ownership, the Court is persuaded by the United States'
submission, which is based foremost on the preliminary and final
title policy on the tract. Considering the evidence presented, the
Court finds that this list of 14 individuals comprise the owners of
compensable interests (in the percentages listed) in Tract 345E at
the time of its taking on January 7, 2014. These individuals are
therefore entitled to just compensation for the public taking of
Tract 345E.
B.
Just Compensation
Once the Court determines ownership of the tract as of January
7,

2014,

the

Court

should

hold

a

hearing

to

determine

just

compensation. See Fed. R. Civ. P. 71.1(e)(3). Because no jury has
been

demanded,

compensation.

the

Court

may

make

Fed. R. Civ. P. 71.1(h).

a

determination

of

just

Rule 71.1(e)(3) suggests

that during the trial on just compensation "a defendant -- whether
or not it has previously appeared or answered -- may present
6

evidence on the amount of compensation to be paid and may share in
the award."

Although the United States served the claimant-

defendants with a copy of this Court's order, which gave notice
that the Court would resolve the issues of ownership and just
compensation by May 13, 2015, no one has appeared to contest the
United States' submission.
The United States submits that it would proffer at any
hearing, consistent with what it has already submitted in the paper
record, evidence on its estimate that just compensation in the
amount of $700.00 is proper and appropriate.

Just compensation is

fair market value of the property on the date of its appropriation.
Kirby Forest Industries, Inc. v. United States, 467 U.S. 1, 9-10
(1984).

The United States first obtained an appraisal report from

Ronald Alexander, estimating $600.00 as just compensation for the
real estate interest acquired in the .021 acres of land.

The

United States then obtained an informal value estimate for Tract
345E that estimated $700.00 as just compensation for the tract;
Huey Marceaux is the appraiser who reviewed and approved the
$700.00 estimate. In its Declaration of Taking for Tract 345E, the
United States submits that just compensation in the amount of
$700.00 is proper and appropriate.
therefore,

the

United

States'

just

No party has appeared and,
compensation

valuation

is

uncontested.

The record supports a finding that $700.00 is the

fair

value

market

of

Tract

345E

7

as

of

January

7,

2014.

Accordingly, the Court determines that $700.00 constitutes just
compensation for the taking of the 0.021 acres of condemned land
identified as Tract 345E.
IT

IS

ORDERED:

that

the

United

States'

motion

for

determination of tile and to determine just compensation is hereby
GRANTED. IT IS FURTHER ORDERED: that prior to title vesting in the
United States, ownership of the property was held by the listed
individuals in the percentages set forth on page 5 of this Order
and Reasons.

IT IS FURTHER ORDERED: that the just compensation

payable by the United States to the defendants-claimants shall be
the sum total of $700.00 for the taking of the Tract 345E.
Finally, IT IS FURTHER ORDERED: that the pretrial conference and
the trial are hereby cancelled.

Within seven days, the United

States shall submit a proposed judgment consistent with this Order
and Reasons.

New Orleans, Louisiana, May 11, 2015

______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

8