United States of America v. Land et al

Filing 86

ORDER AND REASONS granting 80 Motion for Determination of Title and to Determine Just Compensation. FURTHER ORDERED that prior to title vesting in the United States, ownership of the property was held by the company, persons, and estates of per sons listed in 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 $21,000.00 for the taking of the Tract 104E. Within seven days, the United States shall submit a proposed judgment consistent with this Order and Reasons. Signed by Judge Martin L.C. Feldman on 6/16/2017. (clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

UNITED STATES OF AMERICA

CIVIL ACTION

v.

NO. 16-0792

0.225 ACRES OF LAND, MORE OR LESS,

SECTION "F"

SITUATE IN PARISH OF PLAQUEMINES,
STATE OF LOUISIANA, and GULF CREDIT
CORPORATION, ET AL.

TRACT NO. 104E

ORDER AND REASONS

Before

the

Court

is

the

United

States's

motion

for

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

On April 3, 2017, the Court granted the motion

insofar as the Court ordered that the issues of ownership and just
compensation for the taking of Tract 104E will be submitted for
hearing on May 17, 2015, on the papers, because no defendant had
appeared or answered.

On May 5, 2017, the Court granted the United

States’s motion for leave to file proof of publication and on May
18, 2017, the United States filed its Notice of Service, certifying
that it had served a copy by regular and certified mail of this
Court’s April 3, 2017 order on certain persons listed on the
certificate of service.

For the reasons that follow, the United

1

States's motion is GRANTED, and the Court hereby resolves the
ownership and just compensation issues -- the only issues in this
case -- as follows.
Background
This is a land condemnation case in which the United States
has condemned, for the public use of flood protection, 0.225 acres
of land situated in Plaquemines Parish, Louisiana (Tract 104E).
On

January

29,

2016,

the

United

States

condemnation action, condemning Tract 104E.

filed

this

land

On February 2, 2016,

the United States deposited $21,000.00 into the Court’s registry,
at which time title vested in the United States.
The United States has identified the persons, estates, and
entity that may have an ownership interest in Tract 104E.

The

property was purchased by two brothers, Celestin and Esteve Rodi,
by Act of Sale in 1897.

Both brothers died intestate.

Title

evidence identified only “the Heirs of Celestine Rode, the Heirs
of Esteve Rodi, and Gulf Credit Corporation” as owners. The United
States determined that Celestin Rodi had seven children and Esteve
Rodi had 10 children, all of whom are now deceased.

Of the 159

heirs of the Rodi brothers, at least 50 are deceased, and only
nine of the deceased heirs have judgments of possessions placing
their heirs into possession of their estate.

2

The United States

identified many of the brothers’ heirs, but very few cooperated
with attempts to purchase the tract.
After the Notice of Lis Pendens was recorded in Plaquemines
Parish on August 1, 2016, the United States obtained a title update
to ensure that all parties that may be owed compensation had been
identified. The title update revealed that Gulf Credit Corporation
had sold its interest to Gulf Loan Company, Inc. by Act of Cash
Sale dated December 30, 2015 and recorded on March 2, 2016 in the
Conveyance Records of Plaquemines Parish, Louisiana.

On December

14, 2016, the Court granted the United States’s motion to add Gulf
Loan Company to this civil action.
The record reflects that all known interested parties have
been served with notice of the condemnation, or that they otherwise
have notice by virtue of publication.
determined

that

more

than

100

The title company has

individuals

and

estates

of

individuals, as well as Gulf Loan Company, Inc., have ownership
interest in the land.

All of these individuals are identified in

Schedule F of the Declaration of Taking as interested parties to
the action.

None of these individuals have filed an appearance or

an answer.
Before filing this civil action, the United States obtained
a trial appraisal of Tract 104E that estimated the perpetual flood
protection levee easement acquired over the 0.225 acres of land to
3

be

$18,000.

The

United

States

deposited

$21,000

in

just

compensation into the Court’s registry. 1
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 title insurance policy and title update,
which indicates the owners of record at the time the Lis Pendens
and Amended Lis Pendens were 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 0.225 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).
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,

Although the trial appraisal estimated the tract’s value to be
$18,000, the United States deposited $21,000 in just compensation
based upon negotiations with landowners identified prior to the
completion of the trial appraisal.
1

4

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 by [a
specially constituted tribunal or by a jury]."

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).

This 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 preliminary determination to the Court.
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 104E; all informed by the title
company's review of the chain of title.

The United States submits

that the following 115 persons or estates have ownership interests
in Tract 104E:

5

NAME & ADDRESS OF PAYEE

INTEREST

AMOUNT

Gulf Loan Company, Inc.
c/o George Pivach, II
8311 Highway 23, #103
Belle Chasse, LA 70037

.0714286

$1,500.00

Albert Harry Denesse
1214 Port Street
New Orleans, LA 70117

.0102041

$ 214.29

Estate of Herman M. Hingle

.0102041

$ 214.29

Lyle J. Hingle, Sr.
8 Willow Lane
Gretna, LA 70053

.0051020

$ 107.14

Mark A. Hingle
323 Pasture Lane
Hampton, VA 23669

.0051020

$ 107.14

Estate of Shirley C. Hingle

.0102041

$ 214.29

Susan Deslatte Colson
110 Sirius Lane
Slidell, LA 70458

.0051020

$ 107.14

Deborah Deslatte Bradford
116 Red Bud Court
Covington, LA 70433

.0051020

$ 107.14

Estate of Marie Hingle Hontz

.0102041

$ 214.29

Eric Joseph Piediscalzo
2410 Royal Street
New Orleans, LA 70117

.0051020

$ 107.14

Jessica Anne Piediscalzo Hall .0025510
aka Jessica A. Hall
5487 Triangle Road
Dublin, VA 24084

$

53.57

Chad Piediscalzo
5844 Westower Drive, Apt. C
Richmond, VA 23225

$

53.57

.0025510

6

Eve Hingle Dufrene
.0238095
3665 Martinique Avenue, Apt. D
Kenner, LA 70065

$ 500.00

Anna Hingle Ciummo
aka Anna Marie Giummo
1064 Marvin Court
Harvey, LA 70058

.0039683

$

83.33

Ramona Hingle LaFrance
2133 Stumpf Boulevard
Terrytown, LA 70056

.0039683

$

83.33

Paul J. Hingle
1105 West 1st Street
Belle Chasse, LA 70037

.0039683

$

83.33

Nina Guillot
102 Sir Barton Court
Bush, LA 70431

.0039683

$

83.33

Annette C. Williams
601 Center Road
Ozark, MO 65721

.0039683

$

83.33

Yevette R. Hingle
1089 Marvin Court
Harvey, LA 70058

.0039683

$

83.33

Lloyd D. Hingle
14153 Beagle Bend Road
Tickfaw, LA 70466

.0238095

$ 500.00

Susie Forbe
aka Irene S. Fabre
124 Holly Street
Pineville, LA 71360

.0238095

$ 500.00

Kathy F. Willett
759 Parsonage Road
Colfax, LA 71417

.0119048

$ 250.00

Harold A. Forbes
aka Harold A. Forbe, Jr.
aka Ricky Forbe
179 Yellow Road
Hessmer, LA 71341

.0119048

$ 250.00

7

Jason Anthony Forbes
82 Packenham Avenue
Chalmette, LA 70043

.0079365

$ 166.66

Joseph William Forbes
.0079365
aka Joseph William Forbes, Sr.
6730 Cypress Mist Drive
Converse, TX 78109

$ 166.66

Mark Anthony Forbes
1514 Schnell Drive
Arabi, LA 70032

.0079365

$ 166.66

Estate of Emma Rodi Dupas

.0714286

$1,500.00

Juanita Rodi Ancalade
412 2nd Street
Gustine, CA 95322

.0178571

$ 375.00

John B. Rutherford
555 1st Avenue
Gustine, CA 95322

.0059524

$ 125.00

Dale S. Rutherford
12340 Terrace View Lane
Waterford, CA 95386

.0059524

$ 125.00

William E. Rutherford
aka Bill Rutherford
555 1st Avenue
Gustine, CA 95322

.0059524

$ 125.00

Dominick J. Rodi
5028 Eighty Arpent Road
Marrero, LA 70072

.0178571

$ 375.00

Jimmy J. Rodi, Jr.
1101 Orchid Drive
Harvey, LA 70058

.0044643

$

Giselle Rodi McCarley
40571 Highway 23
Buras, LA 70041

.0044643

8

93.75

$ 93.75

Frances Rodi LaCross
160 Dominick Lane
Buras, LA 70041

.0044643

$ 93.75

Steve P. Rodi
11679 Fieldview Drive N.
Grand Bay, AL 36541

.0044643

$ 93.75

Mary Rosina Rodi Ancar
441 Avenue C
Marrero, LA 70072

.0079365

$ 166.66

Jacqueline Rodi Lopez
1129 Orchid Drive
Harvey, LA 70058

.0039683

$

83.33

Jack A. Rodi, Jr.
829 Oak Avenue
Westwego, LA 70094

.0039683

$

83.33

Clarice Encalade Bartholomew
203 Rodi Lane
Buras, LA 70041

.0039683

$

83.33

Calvin Ray Duplessis
48301 Sibley Road
Tickfaw, LA 70466

.0039683

$

83.33

Delia Rodi Riego
aka Delia J. Riego
473 Old Highway 24 W
Kokomo, MS 39643

.0011338

$

23.81

Carolyn M. Dinet
141 Rodi Lane
Buras, LA 70041

.0011338

$

23.81

Theresa Linda Dinet
32337 Tuck Lane
Denham Springs, LA 70706

.0011338

$

23.81

Lelya D. Bartholomew
119 Kimono Drive
Gray, LA 70359

.0011338

$

23.81

9

Alfred T. Dinet, Jr.
.0011338
2904 Concordia Drive, Apt. 207
LaPlace, LA 70068

$

23.81

Andrea Ann Ancar
32337 Tuck Lane
Denham Springs, LA

.0011338

$

23.81

Tommy A. Dinet
113 Dennis Lane
Buras, LA 70041

.0011338

$

23.81

Roland J. Fitch
4505 7th Street
Marrero, LA 70072

.0026455

$

55.56

Roy Peter Fitch, Jr.
732 MacArthur Avenue
Harvey, LA 70058

.0026455

$

55.56

Lollita Fitch Edmundson
13 Derbes Drive
Gretna, LA 70053

.0026455

$

55.56

Louis Petkovich, Jr.
113 Banks Street
Buras, LA 70041

.0019841

$

41.67

Tina Petkovich Robertson
2536 Ridgecrest Road
Marrero, LA 70072

.0019841

$

41.67

Jeannie L. Petkovich North
153 Rodi Lane
Buras, LA 70041

.0019841

$

41.67

Joseph D. Petkovich
5185 Dueling Oaks Avenue
Marrero, LA 70072

.0019841

$

41.67

Charmaine St. Ann Adams
107 Field Street
Belle Chasse, LA 70037

.0039683

$

83.33

70706

10

Ross J. St. Ann
903 Gulf Drive, Apt. C
Gretna, LA 70053

.0039683

$

83.33

Darrel Craig Dennis
aka Darryl Craig Dennis
324 Louisiana Drive
Thibodaux, LA 70301

.0039683

$

83.33

Lawrence Dale Dennis
324 Louisiana Drive
Thibodaux, LA 70301

.0039683

$

83.33

John C. Rodi, Jr.
5267 Tampa Drive N.
Pearlington, MS 39572

.0019841

$

41.67

Charmaine Rodi Bell
61308 Holly Drive
Pearl River, LA 70452

.0019841

$

41.67

Leslie Brisset Barrett
aka Leslie Marie Brisset
476 Daffodil Street
Mount Airy, LA 70076

.0006614

$

13.89

William Keith McPherson, Sr.
109 Derek Lane
LaPlace, LA 70068

.0006614

$

13.89

James McPherson, III
5267 Tampa Drive N.
Pearlington, MS 39572

.0006614

$

13.89

Anthony C. Mitchell, III
877 Homedale Street
New Orleans, LA 70124

.0001984

$

4.17

Lisa Marie Mitchell
206 Wing Falls
San Antonio, TX 78253

.0001984

$

4.17

Joseph Paul Mitchell
6701 Carmen Street
Metairie, LA 70003

.0001984

$

4.17

11

John Michael Mitchell
.0001984
4774 Pontchartrain Drive, Apt. 53
Slidell, LA 70458

$

4.17

Nicole A. Mitchell
.0001984
aka Amanda Nicole Mitchell Kittok
53 Berkley Avenue
Harahan, LA 70123

$

4.17

Mitchell P. Mitchell
206 Wing Falls
San Antonio, TX 78253

.0001984

$

4.17

Christopher John Mitchell
5240 Savannah Lane
Marrero, LA 70072

.0001984

$

4.17

Raquel Ann Mitchell Roach
3608 N. Turnbull Drive
Metairie, LA 70002

.0001984

$

4.17

Bianca Mitchell Medina
601 Vintage Drive, Apt. C217
Kenner, LA 70065

.0001984

$

4.17

$

4.17

Elizabeth Lauren Mitchell Murillo
4300 California Avenue
Kenner, LA 70065

.0001984

Audrey Rodi Gratia
1120 N. Bengal Road
Metairie, LA 70003

.0250000

$ 525.00

Estate of Ervin Rodi

.0250000

$ 525.00

Lucille Duplessis Baudin
822 Bonnabel Boulevard
Metairie, LA 70005

.0071429

$ 150.00

Edith Duplessis Welty
7421 Saturn Court
Violet, LA 70092

.0071429

$ 150.00

Estate of William B. Duplessis, Jr.

12

.0071429

$ 150.00

Daniel Joseph Duplessis
101 Herwig Bluff Road
Slidell, LA 70461

.0071429

$ 150.00

Anthony J. Duplessis
1572 Broadmoor Drive
Slidell, LA 70458

.0071429

$ 150.00

Estate of Nolan J. Duplessis, Jr.

.0071429

$ 150.00

Elizabeth A. Moore
aka Elizabeth Ann Owens
40550 Falcon Drive
Franklinton, LA 70438

.0014286

$

30.00

Travis W. Duplessis
3408 Montesquieu Street
Chalmette, LA 70043

.0007143

$

15.00

Clifton J. Duplessis, III
129 Lil Rabbit Lane
Hessmer, LA 71341

.0007143

$

15.00

Mark J. Duplessis
121A Bosworth Street
Slidell, LA 70461

.0014286

$

30.00

Todd W. Duplessis
1823 East End Court NW
Olympia, WA 98502

.0014286

$

30.00

Troy J. Duplessis
12231 Havburg Drive
Pensacola, FL 32506

.0014286

$

30.00

Theopile S. Soulet, Jr.
171 Linwood Road
Fayetteville, NC 28306

.0083332

$ 175.00

Robert J. Soulet
211 Hollow Rock Court
Slidell, LA 70461

.0083332

$ 175.00

Calvin D. Soulet
1165 Maris Stella Street
Slidell, LA 70460

.0083332

$ 175.00

13

Marie S. Smith
4324 Arkansas Avenue
Kenner, LA 70065

.0083332

$ 175.00

Henrietta Soulet Godwin
625 West Avenue N.
McComb, MS 39648

.0083332

$ 175.00

Michael L. Marcotte
22430 Benville Road
Picayune, MS 39466

.0016667

$

35.00

Rachel M. Conrad
6661 Tracey Street, Apt. B
Fort Polk, LA 71459

.0016667

$

35.00

Sharlene Marcotte Cox
22430 Benville Road
Picayune, MS 39466

.0016667

$

35.00

Laurie Marcotte Tortorich
603 Plantation Boulevard
Mandeville, LA 70448

.0016667

$

35.00

Tracey Marcotte Raybon
20 Pecan Grove Lane
Meraux, LA 70075

.0016667

$

35.00

Estate of Nelson N. Rodi

.0125000

$ 262.50

Louise M. Laviolette
517 Mimosa Street
LaPlace, LA 70068

.0125000

$ 262.50

Theresa R. Pitre
427 Mahogany Street
LaPlace, LA 70068

.0125000

$ 262.50

Deyone R. Bartholomew
653 Wiegand Drive
Westwego, LA 70094

.0125000

$ 262.50

Estate of Elsie Rodi

.0500000

$1,050.00

14

Peggy Denese Messmer
2600 Bay Adams Drive
Marrero, LA 70072

.0250000

$ 525.00

Donald Patrick Denese
253 Evella Drive
Slidell, LA 70458

.0250000

$ 525.00

Jamie Moran St. Germaine
aka Jamie Joe St. Germaine
1430 Constitution Drive
Slidell, LA 70458

.0083332

$ 175.00

Scott Michael Moran
237 Clara Drive
Slidell, LA 70458

.0083332

$ 175.00

Chad William Nichols
277 Cypress Lakes Drive
Slidell, LA 70458

.0083332

$ 175.00

Jacquelyn Ann Brock Scamardo
1531 Ridgecrest Drive
Slidell, LA 70458

.0250000

$ 525.00

Eraina Rodi Rooks
4 Pueblo Lane
Picayune, MS 39466

.0250000

$ 525.00

Adam Clarence Rodi, Jr.
118 Foxbriar Court
Slidell, LA 70461

.0250000

$ 525.00

Estate of Arthur Rodi

.0500000

$1,050.00

Gayle R. Nichols
217 Crescentwood Loop
Slidell, LA 70458

.0166667

$ 350.00

Sandra Rodi Chauppetta
76309 Jim Parker Road
Pearl River, LA 70452

.0166667

$ 350.00

Brenda Rodi Crowson
120 Brittany Lane
Slidell, LA 70458

.0166667

$ 350.00

15

None of these persons or estate representatives have filed
either an appearance or an answer.

This is so even though the

United States published on three occasions in April 2017 in the
Times-Picayune an announcement that the Court would determine
ownership and just compensation issues relative to this tract of
land on or after May 17, 2017; and, even though the United States
certified that it served on the claimant-defendants by regular and
certified mail this Court's April 3, 2017 Order giving notice that
the Court will resolve the ownership and just compensation issues
on or after May 17, 2017.

There being no challenge or additional

evidence to consider with respect to ownership, the Court is
persuaded

by

the

United

States's

submission,

foremost on the title policy on the tract.

which

is

based

Considering the

evidence presented, the Court finds that this list of 115 payees
comprise the owners of compensable interests in Tract 104E at the
time of its taking on January 29, 2016.

Each are therefore

entitled to just compensation for the public taking of Tract 104E.
B.
Just Compensation

Once the Court determines ownership of the tract as of January
29, 2016, 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, the Court may make a determination of just

16

compensation.

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

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
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 17, 2017, and although notice was published in
the newspaper, 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 $21,000.00 is proper and appropriate.
is

fair

market

appropriation.

value

of

the

property

on

Just compensation
the

date

of

its

Kirby Forest Industries, Inc. v. United States,

467 U.S. 1, 9-10 (1984).
The United States obtained an appraisal report from Robert W.
Lowe, Jr., estimating $18,000.00, as of January 26, 2006, as just
compensation for the real estate interest acquired in the .225
acres of land.

However, based upon negotiations with landowners

identified prior to completion of the trial appraisal, the United
States

deposited

into

the

Court’s

17

registry

$21,000

in

just

compensation.

No party has contested the United States’s just

compensation valuation or submitted an alternative estimate of
just compensation.

The record supports a finding that $21,000 is

the fair market value of Tract 104E.

Accordingly, the Court

determines that $21,000.00 constitutes just compensation for the
taking of the 0.225 acres of condemned land identified as Tract
104E.
IT

IS

ORDERED:

that

the

United

States's

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
company, persons, and estates of persons listed in 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 $21,000.00 for the taking of the Tract 104E.

Within seven

days, the United States shall submit a proposed judgment consistent
with this Order and Reasons.

New Orleans, Louisiana, June 16, 2017

______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

18