USA v. Land St Martin Parish et al
Filing
51
JUDGMENT adopting 50 Report and Recommendations re 41 Motion to Determine Title and Just Compensation, filed by USA. Signed by Judge Robert R Summerhays on 1/27/2025. (crt,Craig-Fontenot, C)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
UNITED STATES OF AMERICA ) CIVIL ACTION NO: 14-cv-03142
)
VERSUS ) JUDGE SUMMERHAYS
)
56.00 ACRES OF LAND, MORE OR ) MAGISTRATE JUDGE AYO
LESS, SITUATED IN PARISH OF )
ST. MARTIN, STATE OF LOUISIANA, )
AND BURDIN PROPERTIES ) TRACT NOS. 109E-1 AND 109E-2
PARTNERSHIP, ETAL. )
)
JUDGMENT ON TITLE AND JUST COMPENSATION
Considering the Motion to Determine Title and Just Compensation filed by the United
States of America, and the evidence submitted during a hearing on said Motion:
IT IS HEREBY ORDERED, AD JUDGED AND DECREED that the just compensation
for the taking of the property interest identified in the Complaint and Declaration of Taking filed
herein on October 29, 2014, shall be the sum of SIX THOUSAND FOUR HUNDRED AND
00/100 DOLLARS ($6,400.00). Said sum shall be full and just compensation and in full
satisfaction of any and all claims of whatsoever nature against the United States by reason of the
institution and prosecution of this action and the taking of said property interests, specifically, the
perpetual monitoring easement and perpetual water circulation easement, and all appurtenances
thereto. The said sum subject to all real estate taxes, liens, and encumbrances of whatsoever nature
existing against said property at the time prior to title to the property interests vesting in the United
States, and all such liens and encumbrances of whatsoever nature shall be payable and deductible
from said sum.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that title to the property
interest described in Schedule C attached to the Declaration of Taking filed herein vested in the
United States free of all claims and liens of every kind of whatsoever upon the filing of the
Declaration of Taking on October 29, 2014.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that prior title to the
property interests vesting in the United States, ownership of 38 acres of the property was held by
Burdin Properties Partnership and 1 8 acres of the property was held by the State of Louisiana. The
United States provided notice to all known members of the partnership at their last known
addresses of the December 16, 2024, hearing pertaining to the issues of ownership and/orjust
compensation.
IT IS FURTHER ORDERED, AD JUDGED AND DECREED that each owner of the
38 acres is entitled to their pro rata share of the sum of FOUR THOUSAND THREE HUNDRED
FORTY-TWO AND 99/100 DOLLARS ($4,342.99). Specifically, John Burdin, HI and Helen
Claire Burdin Alvarado are each entitled to $542.87 for their 12.5% interest in the 38 acres, while
Barbara Renaudin, Helen Simpson and Kathryn Leonard will each receive $1,085.75 for their 25%
interest in the 38 acres. Counsel for the State of Louisiana stipulated during the hearing that the
State is not entitled to compensation for the remaining 18 acres based upon prior agreements
between the State and the Department of the Army concerning this water management project.
Pursuant to Local Rule 67.3 for Disbursement of Registry Funds, the Clerk of Court is
directed to disburse the funds in the amounts indicated above for the 38 acres, together with any
interest accrued thereon less the assessment fee for the administration of funds, by drawing a check
for each owner who has provided sufficient information for purposes of ordering checks, and make
checks payable as further indicated, in a separate motion for disbursement of funds from the
registry of the court which is required to be submitted.
If said funds or any portion thereof remain deposited in the Registry of the Court unclaimed
for five years from the date of judgment herein, the Clerk of Court is hereby authorized and
directed, without further order of the Court, to draw a check therefor and deposit in the Treasury
of the United States to the credit of the United States in the manner provided in 28 U.S.C. ยง 2042.
The funds allocated to the Clerk of Court for the State's 18 acres shall also be deposited in the
Treasury of the United States in the same manner.
THUS DONE AND SIGNED this 0<> I day of ^i CAQ
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