USA v. Johnson et al

Filing 129

WRITTEN REASONS DENYING 68 MOTION to Dismiss for Failure to Join Parties filed by Louisiana Jetty & Lightering Co of New Orleans; (See also, 122 Order on Motion to Dismiss, Order on Motion to Compel, Order on Motion to Enroll as Counsel,, Order on Motion for Extension of Time to Complete Discovery., Order on Motion to Expedite,, Order on Motion for Hearing,, Order on Motion to Appear Pro Hac Vice, Motion Hearing AND 128 Order). Signed by Magistrate Judge Kathleen Kay on 8/24/2015. (crt,FinnSld, P)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

UNITED STATES OF AMERICA

:

DOCKET NO. 13-cv-02508

VERSUS

:

JUDGE MINALDI

LOUISIANA JETTY AND LIGHTERING
CO. OF NEW ORLEANS
:

MAGISTRATE JUDGE KAY

WRITTEN REASONS

Before the court is defendant, Louisiana Jetty and Lightering Co. of New Orleans’ “Motion
to Dismiss” for failure to join necessary parties [doc. 68] filed June 5, 2015. After reviewing the
supporting memorandum and the oppositions thereto filed by the United States and the State of
Louisiana, and having considered oral arguments on the issue at a hearing on August 18, 2015, the
motion was DENIED in open court for the reasons provided herein.
I.
BACKGROUND
This is a condemnation action brought by the United States (hereafter “the government”)
exercising its power of eminent domain through a Declaration of Taking and for determination of
just compensation owed to the parties in interest—Louisiana Jetty (hereinafter “Jetty”) and the
State of Louisiana (hereafter “the state”). Doc. 1. Jetty, the owner of the condemned parcel
answered by inter alia disputing the value of the property as asserted by the government and further
alleging that it is the owner of property adjacent to the condemned property and separating the
condemned property from the Sabine River. Louisiana. Jetty claims this land (referred to hereafter
as “the disputed remainder parcel”) was formed through the process of accretion, rendering it
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alluvion that would belong to the owner of the bank (Jetty before condemnation) through operation
of law. Docs. 6; 16, p. 3 (relying on La. C.C. art. 499). Through this affirmative defense Jetty has
maintained that it is owed additional compensation for “severance damages” suffered through this
separation of the condemned property from the disputed remainder parcel. Doc. 16, p. 4. The state
of Louisiana has asserted that it owns this adjacent tract under Louisiana law since the tract is not
alluvion but rather is man-made and not the result of natural buildup. See e.g. Doc. 42, p. 8. At a
scheduling conference before this court, it was determined that the issues of ownership of the
disputed remainder parcel should be severed from the issue of compensation. Separate trial dates
were set. The “title trial” is set for October 13, 2015, and the “compensation trial” was set for
approximately October 15, 2016. See Doc. 33.
Jetty has filed this motion asking that we either (1) order the government to join various
“necessary” parties, namely several landowners upriver and downriver of the disputed remainder
parcel who were joined as parties in a separately pending state court action to determine ownership
thereof or, alternatively, (2) dismiss this action altogether pursuant to rule 12(b)(7) of the Federal
Rules of Civil Prcoedure. Jetty argues that these individuals are necessary parties because their
interests in land outside of the condemned portion will be affected by this court’s determination of
ownership with respect to the disputed remainder parcel. Doc. 68, p. 1; Id., att. 1, p. 6
The government and the state (which primarily adopted the government’s argument [see
doc. 72, p.1]) oppose, arguing that Jetty is attempting to apply rules 19 and 12(b)(7) of the Federal
Rules of Civil Procedure when rule 71.1, which governs the procedure in condemnation actions,
actually controls. Doc. 71, p. 5. The government and the state assert that rule 71.1 identifies
necessary parties as the property, itself, and all those who claim an interest in the condemned
property. According to the state and the government, the adjacent landowners do not claim

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interests in the condemned portion. Id. at pp. 5-6. Further the government and the state claim that
rule 71.1 also prevents dismissal where title has already transferred to the United States. Id. at p.
2. The government further indicates that, to the extent it is determined that any other landowner’s
property is effected in the determination of the boundary of the now non-existent shoreline, the
declaration will be amended so as to limit condemnation only to the portion owned by Louisiana
Jetty as described in its 1884 deed. Id. at p. 7.
II.

LAW & ANALYSIS
Rule 71.1 of the Federal Rules of Civil Procedure “govern[s] proceedings to condemn real
and personal property by eminent domain, except as [that] rule provides otherwise.” Thus, the
provisions of rule 71.1 control all procedural issues in condemnation actions to the extent specific
provisions of the rule address a particular procedural matter; otherwise, the general provisions of
the Federal Rules of Civil Procedure apply. Here, as we already recognized in our ruling denying
Jetty’s Motion to Stay [doc. 64], this action is indeed a condemnation action as contemplated by
rule 71.1 and so that rule controls. With respect to which parties must be joined to such an action,
the rule explicitly provides that “when the action commences, the plaintiff need join as defendants
only those persons who have or claim an interest in the [condemned] property and whose names
are then known.” Id. (emphasis added).
Jetty’s argument to the contrary notwithstanding neither rules 12 nor 19 of the Federal
Rules of Civil Procedure are applicable here. By virtue of the plain language of the governing rule,
rule 71.1, the landowners adjacent to the disputed remainder parcel are not “necessary” to this
action as they claim no interest in the condemned parcel.
III.
CONCLUSION
For the foregoing reasons, the plaintiff’s motion to dismiss [doc. 68] is DENIED.
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THUS DONE AND SIGNED in Chambers this 24th day of August, 2015.

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