United States of America v. 34.6 Acres of Land et al
Filing
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FINAL JUDGMENT in favor of Hill Revocable Living Trust U/T/D December 22, 2009 against United States of America; granting 55 Stipulated MOTION for Settlement and Stipulation of Just Compensation. Signed by Chief Judge Rosanna Malouf Peterson. (PL, Case Administrator)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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UNITED STATES OF AMERICA,
NO: 1:12-CV-3140-RMP
Plaintiff,
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v.
FINAL JUDGMENT
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34.6 ACRES OF LAND, more or less
situate in Klickitat County, State of
Washington,
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Defendant.
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Upon consideration of the Stipulation of Just Compensation executed by the
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United States of America and all defendants herein, it is hereby ORDERED,
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ADJUDGED AND DECREED that:
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1.
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Compensation, ECF No. 55, is GRANTED.
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2.
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Declaration of Taking (ECF No. 2), and then deposited $53,280 (“Deposit”) into
The parties’ Stipulated Motion for Settlement and Stipulation of Just
The United States filed its Complaint in Condemnation (ECF No. 1) and
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the Registry of the Court on December 12, 2012 (ECF No. 5). At that time, title to
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the property, as set forth in the Declaration of Taking, vested in the United States.
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located in Klickitat County, Washington, as more particularly described in the
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Declaration of Taking filed herein (“subject property”). The underlying land is
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owned in fee simple by The Hill Revocable Living Trust U/T/D December 22,
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2009.
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4.
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compensation payable by the United States for the taking of the property and
The subject property consists of easements over approximately 34.6 acres
In order to settle this condemnation action, the parties agree that the just
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estates described in the Declaration of Taking filed herein (ECF No. 2), together
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with all improvements thereon and appurtenances thereunto belonging, shall be the
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sum of $128,000 inclusive of interest, attorneys’ fees, and costs. See ECF No. 55,
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Stipulation of Just Compensation.
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5.
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amount of $128,000.
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6.
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and the Klickitat Public Utility District No. 1, have disclaimed any interest in the
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Property. ECF Nos. 50, 53. As such, these parties are not entitled to any
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distribution of the just compensation to be paid for the taking of the Property.
Judgment shall be, and is hereby, entered against the United States in the
Two parties initially named in this suit, the County of Klickitat, Washington,
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7.
As the United States has previously deposited $53,280 as estimated just
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compensation, the deficiency amount between this amount and the agreed
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settlement of $128,000 is $74,720. The United States shall pay into the Registry of
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the Court the deficiency amount of $74,720. Should said deposit into the Registry
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not be made within 30 days of the entry of this order of judgment, any unpaid
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portion of the $74,720 deficiency shall accrue statutory interest for each day
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thereafter until deposited.
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8.
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satisfaction of any and all claims of whatsoever nature against the United States by
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reason of the institution and prosecution of this action and taking of the said lands
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and all appurtenances thereunto belonging.
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9.
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charges of whatsoever nature existing against the said property at the time of
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vesting of title thereto in the United States and all such taxes, assessments, liens
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and encumbrances shall be payable and deductible from the said sum.
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10.
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warrants that on the date of taking it had exclusive right to the compensation
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herein, excepting the interest of parties having liens or encumbrances of record and
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unpaid taxes and assessments, if any, and that no other person or entity is entitled
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to the same or any part thereof. In the event that any other party is ultimately
The said sum of $128,000 shall be full and just compensation and in full
The said sum of $128,000 shall be subject to all liens, encumbrances and
Defendant The Hill Revocable Living Trust U/T/D December 22, 2009,
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determined by a court of competent jurisdiction to have any right to receive
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compensation for the property taken in this case, The Hill Revocable Living Trust
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U/T/D December 22, 2009, shall refund into the Registry of the Court the
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compensation distributed herein, or such part thereof as the Court may direct, with
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interest thereon calculated in accordance with the provision of 40 U.S.C. § 3116,
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from the date of the receipt of the deposit by Defendant to the date of repayment
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into the Registry of the Court.
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(including attorney fees, consultants’ fees, and any other expenses).
The parties shall be responsible for their own legal fees, costs, and expenses
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12.
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Court, the Clerk of the Court shall, without further order of this Court, disburse to
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Defendant The Hill Revocable Living Trust, U/T/D December 22, 2009, with
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check payable to:
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Upon the United States depositing the deficiency into the Registry of the
Landerholm PS in trust for The Hill Revocable Living Trust U/T/D
December 22, 2009
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at the following address:
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Bradley W. Andersen
Landerholm PS
P.O. Box 1086
Vancouver, WA 98666-1086
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all sums on deposit in the Registry of the Court, together with any interest earned
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thereon while on deposit.
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be CLOSED.
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Following disbursement of the above sums to the Defendants, this case shall
The District Court Clerk is directed to enter this Judgment and provide
copies to counsel and to Financial Specialist Sheri Wohl.
DATED this 19th day of February 2014.
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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge
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