United States of America v. 29.93 Acres of Land, More or Less, Situate In Montgomery County, Tennessee et al
Filing
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STIPULATED FINAL JUDGMENT: Judgment shall be and hereby is entered against the United States in the amount of Four Hundred Fifty Thousand Dollars ($450,000.00), inclusive of interest and costs. The District Court shall retain jurisdiction to the extent needed to enforce this stipulated judgment. Signed by District Judge Todd J. Campbell on 11/8/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
29.93 ACRES OF LAND, MORE OR
)
LESS, SITUATE IN MONTGOMERY )
COUNTY, TENNESSEE, AND CAROL )
JEAN FREY, et al.,
)
)
Defendants.
)
CASE NO.: 3:15-cv-00473
JUDGE CAMPBELL
MAGISTRATE JUDGE NEWBERN/BROWN
STIPULATED FINAL JUDGMENT
Pursuant to this stipulation signed and jointly filed by the parties, IT IS HEREBY
ORDERED AND ADJUDGED THAT:
1.
On April 22, 2015, the United States filed a Complaint in Condemnation and a
Declaration of Taking against real property owned by David & Carol Jean Frey.
Docket
Nos. 1 & 2.
2.
On April 22, 2015, the United States deposited a check in the amount of Three
Hundred Seventy-Five Thousand Dollars ($375,000.00) into the Registry of the Court. Docket
No. 5. At that time, title to the property, to the extent set forth in the Declaration of Taking
(Docket No. 2), vested in the United States by operation of law. 40 U.S.C. § 3114.
3.
On April 24, 2015, the Court ordered that the sum of $375,000.00 tendered by
check by the government as estimated compensation and numbered cause be deposited and
retained into the Registry of the Court pursuant to Middle District of Tennessee, Local Rule
67.01 (Deposit of Court). Docket No. 12. Also, on April 24, 2015, the Court ordered the
surrender of the said property to the extent of the estate condemned. Id.
5.
The full just compensation payable by the United States for the taking of the
property interests identified in the Complaint in Condemnation (Docket No. 1) and Declaration
of Taking (Docket No. 2), the title to which has already vested in the United States, shall be the
sum of Four Hundred Fifty Thousand Dollars ($450,000.00), inclusive of interest and costs.
6.
Judgment shall be and hereby is entered against the United States in the amount of
Four Hundred Fifty Thousand Dollars ($450,000.00), inclusive of interest and costs.
7.
The said sum of Four Hundred Fifty Thousand Dollars ($450,000.00) shall be 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 taking of the said
interests.
8.
The said sum of Four Hundred Fifty Thousand Dollars ($450,000.00) shall be
subject to all liens, encumbrances, and charges of whatsoever nature existing against the
Property at the time of vesting of title thereto in the United States, and all such liens,
encumbrances, and charges of whatsoever nature shall be payable and deductible from the said
sum.
9.
As the United States has previously deposited $375,000.00 as estimated just
compensation, the deficiency amount between the amount deposited and the stipulated just
compensation of $450,000.00 is $75,000.00. Upon entry of a judgment on this stipulation, the
United States shall pay into the registry of the Court the deficiency amount of $75,000.00.
10.
Upon the Court’s Order entering judgment and the United States’ deposit of the
deficiency into the registry of the Court, in accord with this stipulation of just compensation, the
parties may seek immediate distribution of the deficiency to Roger A. Maness c/o David & Carol
Jean Frey, with check payable to:
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Roger A. Maness
c/o David & Carol Jean Frey
Marks, Shell & Maness
233-A Dunbar Cave Road
P.O. Box 1149
Clarksville, TN 37041-1149
11.
Defendants warrant that they were the sole owners of the subject property at the
date of the taking, and that they have the exclusive right to the compensation herein, excepting
the interests of parties having liens or encumbrances of record and unpaid taxes and assessments,
if any, and that no other party is entitled to the same or any part thereof by reason of any
unrecorded agreement.
12.
In the event that any other party is ultimately determined by a Court of competent
jurisdiction to have any right to receive compensation for the property taken in this case,
Defendants shall refund into the registry of the Court the compensation distributed herein, or
such part thereof as the Court may direct, with interest thereon at the rate of 52-week Treasury
Bills, calculated in accordance with the provisions of 40 U.S.C. § 3116, from the date of receipt
of the deposit by defendants to the date of repayment into the registry of the Court.
13.
Defendants shall save and hold harmless the United States of America from all
claims or liability resulting from any unrecorded leases or agreements affecting the Property on
the date of taking.
14.
By stipulation, the signatory parties hereto will take no appeal from this
Stipulated Judgment.
15.
Parties shall be responsible for their own legal fees, costs, and expenses
(including attorney’s fees, consultant’s fees, and any other expenses).
16.
This proposed stipulated judgment may be signed in counter parts.
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17.
The District Court shall retain jurisdiction to the extent needed to enforce this
stipulated judgment.
Dated this ___________ day of ________________________, 2016.
______________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE
THE UNDERSIGNED STIPULATE THAT THEY CONSENT TO ENTRY OF THE
PRECEDING JUDGMENT AND ORDER:
Respectfully submitted,
DAVID RIVERA
United States Attorney
Middle District of Tennessee
s/ S. Delk Kennedy, Jr.
S. DELK KENNEDY, JR., B.P.R. #09799
Assistant United States Attorney
110 Ninth Avenue, South, Suite A-961
Nashville, TN 37203
Telephone: (615) 736-5151
Email: delk.kennedy@usdoj.gov
s/ Roger A. Maness w/permission
ROGER A. MANESS, B.P.R. #07353
Marks, Shell & Maness
233-A Dunbar Cave Road
P.O. Box 1149
Clarksville, TN 37041-1149
Telephone: (931)552-6000
Email: rmaness@marksshellandmaness.com
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