United States of America v. 11.3 Acres of Land et al

Filing 56

FINAL JUDGMENT in favor of Marvin Gregory Kamholz against United States of America. Case closed. Signed by Chief Judge Rosanna Malouf Peterson. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,
NO: 2:12-CV-3144-RMP
Plaintiff,

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FINAL JUDGMENT
v.

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11.3 ACRES OF LAND, more or less,
situate in Klickitat County, State of
Washington; MARVIN GREGORY
KAMHOLZ and JANE DOE
KAMHOLZ, husband and wife,
Defendants.

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Upon consideration of the Stipulation of Just Compensation executed by the

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United States of America and the defendant herein, it is hereby ORDERED,

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ADJUDGED AND DECREED that:

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1.

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Declaration of Taking (ECF No. 2), then deposited $16,000 (“Deposit”) into the

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Registry of the Court on December 7, 2012 (ECF No. 4). At that time, title to the

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property, as set forth in the Declaration of Taking, vested in the United States.

The United States filed its Complaint in Condemnation (ECF No. 1) and

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2.

The subject property consists of easements over approximately 11.3 acres

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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 Marvin Gregory Kamholz (henceforth “Mr. Kamholz”).

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3.

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compensation payable by the United States for the taking of the subject property

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and estates described in the Declaration of Taking filed herein (ECF No. 2),

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together with all improvements thereon and appurtenances thereunto belonging,

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shall be the sum of $64,000 inclusive of interest, attorneys’ fees, and costs. See

In order to settle this condemnation action, the parties agree that the just

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ECF No. 55, Stipulation of Just Compensation.

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4.

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amount of $64,000.

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5.

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Washington, Bert G. Beyerlin, Jr., and Marvin Norris have disclaimed an interest

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in the subject property, see ECF Nos. 26, 51, 52, and 55-1, and there is no spouse

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or domestic partner with a community interest in the property of Mr. Kamholz. As

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such, these parties are not entitled to any distribution of the just compensation to be

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paid for the taking of the subject property.

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6.

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compensation, the deficiency amount between this amount and the agreed

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settlement of $64,000 is $48,000. The United States shall pay into the Registry of

Judgment shall be, and is hereby, entered against the United States in the

Three parties initially named in this suit, the County of Klickitat,

As the United States has previously deposited $16,000 as estimated just

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the Court the deficiency amount of $48,000. Should said deposit into the Registry

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not be made within 60 days of the entry of this order of judgment, any unpaid

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portion of the $48,000 deficiency shall accrue statutory interest for each day

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thereafter until deposited.

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7.

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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 subject

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property and all appurtenances thereunto belonging.

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The said sum of $64,000 shall be full and just compensation and in full

The said sum of $64,000 shall be subject to all liens, encumbrances, and

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charges of whatsoever nature existing against the subject 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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9.

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right to the compensation herein, excepting the interest of parties having liens or

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encumbrances of record and unpaid taxes and assessments, if any, and that no other

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person or entity is entitled to the same or any part thereof. In the event that any

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other party is ultimately determined by a court of competent jurisdiction to have

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any right to receive compensation for the property taken in this case, Mr. Kamholz

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shall refund into the Registry of the Court the compensation distributed herein, or

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such part thereof as the Court may direct, with interest thereon calculated in

Defendant Mr. Kamholz warrants that on the date of taking he had exclusive

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accordance with the provision of 40 U.S.C. § 3116, from the date of the receipt of

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the deposit by Defendant to the date of repayment into the Registry of the Court.

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10.

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(including attorney fees, consultants’ fees, and any other expenses).

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Court, the Clerk of the Court shall, without further order of this Court, disperse to

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Defendant Mr. Kamholz, with check payable to:

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The parties shall be responsible for their own legal fees, costs, and expenses

Upon the United States depositing the deficiency into the Registry of the

Dunn Carney Trust Account for Marvin Gregory Kamholz
at the following address:
Elizabeth C. Knight
Dunn Carney Allen Higgins and Tongue
851 6th Avenue, Suite 1500
Portland, OR 97204-1357

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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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12.

Following disbursement of the above sums to the Defendant, this case shall

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be CLOSED.
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The District Court Clerk is directed to enter this Order and provide copies to
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counsel and to Financial Specialist Sheri Wohl.
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DATED this 5th day of October 2016.
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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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