United States of America v. 8.76 Acres, more or less situated in Silver Bow County, State of Montana et al

Filing 67

ORDER : IT IS HEREBY ORDERED that 1. The amount of $20,000 set forth in this Courts Order Approving Settlement between the United States and Curtis and Robin Pohl (ECF No. 14) constitutes full and just compensation for the Subject Property 2. Th e United States owes no compensation ($ for the taking of theCovenant Holders right to enforce or modify the Covenants as to the Tower Parcel. 3. Final Judgment is entered against the United States for the sum of $20,000, that amount being full and just compensation in full satisfactionof any and all claims of whatsoever nature against the United States byreason of the institution and prosecution of this action and the taking ofthe Subject Property. 4. The Court directs the Clerk of the Court to CLOSE this case. Signed by Judge Brian Morris on 6/3/2024. (KAH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

UNITED STATES OF AMERICA,
CV-22-11-BU-BMM
Plaintiff,
vs.
8.76 ACRES, MORE OR LESS,
SITUATED IN SILVER BOW
COUNTY STATE OF MONTANA,
and CURT POHL, et al.,

ORDER

Defendants.

The United States instituted this eminent domain action pursuant to 40
U.S.C. §§ 3113 and 3114 pertaining 8.76 acres of land, more or less, in Silver Bow
County, Montana (hereinafter the “Subject Property”). The Court has subject
matter jurisdiction over this action. See 28 U.S.C. § 1358. The Court held a hearing
on May 9, 2024, to determine just compensation pursuant to Fed. R. Civ. P.
71.1(h).
The United States has named Curtis and Robin Pohl, who owned a fee
interest in a 0.92-acre portion of the property interests acquired (“Tower Parcel”),
and over 120 defendants who possessed a property interest in the Subject Property
through the Wilderness Foothills Protective Covenants (“Covenants”) that burden

1

the Subject Property (“Covenant Holders”). All defendants have been properly
identified and noticed of the condemnation consistent with Fed. R. Civ. P.
71.1(c)(3) and (d). See (Docs. 59-1, 25, 26, 31, 34, 32, 43, and 47).
The United States deposited on February 28, 2022, into the Court registry
$2,720, its estimate of just compensation for the Subject Property. See (Docket);
see also (Doc. 5). Title to the Subject Property vested in the United States at the
time of the February 28, 2022 deposit. See 40 U.S.C. § 3114(b)(1). The Court
approved a settlement between the United States and Curtis and Robin Pohl. See
(Doc. 14.) Mr. and Ms. Pohl received $20,000, plus interest, as just compensation
for the property taken from them in this condemnation action. Id. A sum of
$20,000 accordingly was disbursed on May 6, 2022, from the Court registry to Mr.
and Ms. Pohl. See (Docket); see also (Doc. 15).
Eleven defendants remained in the case on May 9, 2024, namely, Kenneth
and Susan Adams, Magdalena Flis, Jay and Lindsay LeProwse, Jamie Jo Lynch,
Donald Stevenson, Unknown Owners, Unknown heirs and/or devisees of Irene
Atkins, Unknown heirs and/or devisees of James Atkins, and Unknown heirs
and/or devisees of Sidney Atkins. The United States acquired these remaining
defendants’ right to enforce or modify the Covenants as to the Tower Parcel.
“The property owner bears the burden of proving the value of [. . .]
condemned land.” United States v. 4.0 Acres of Land, 175 F.3d 1133, 1140 (9th

2

Cir. 1999). The United States proffered evidence the United States owed the
Covenant Holders no compensation for their relevant property interests. The
United States submitted a report dated October 6, 2023, by real estate appraiser
Thomas G. Stevens, MAI, SRA. (Doc. 64-2.) The Court conducted a hearing on
May 9, 2024, which, pursuant Fed. R. Civ. P. 71.1(e)(3), provided the eleven
remaining defendants an opportunity to present to the Court evidence as to
ownership in the Subject Property, the amount of compensation owed them, and
the share of the compensation to which they would be entitled. No defendant
appeared or opposed the United States’s motion (Doc. 66). The remaining
defendants failed to meet their burden to prove the value of their respective
property interests in the Subject Property. See 4.0 Acres of Land at 1140.
Accordingly,
ORDER
IT IS HEREBY ORDERED that:
1. The amount of $20,000 set forth in this Court’s Order Approving
Settlement between the United States and Curtis and Robin Pohl (ECF
No. 14) constitutes full and just compensation for the Subject Property.
2. The United States owes no compensation ($0.00) for the taking of the
Covenant Holders’ right to enforce or modify the Covenants as to the
Tower Parcel.

3

3. Final Judgment is entered against the United States for the sum of
$20,000, that amount being full and just compensation 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
the Subject Property.
4. The Court directs the Clerk of the Court to CLOSE this case.
DATED this 3rd day of June, 2024.

4