United States of America v. 5.1 Acres of Land et al

Filing 73

FINAL JUDGMENT in favor of Defendants Centerville Holdings LLC, Cherie C Nye, and Martin N Nye against Plaintiff United States of America. 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: 2:12:CV-3145-RMP
Plaintiff,

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v.
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5.1 ACRES OF LAND, more or less
situate in Klickitat County, State of
Washington, and MARTIN NYE, et
al.,

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Defendant.

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FINAL JUDGMENT

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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 at ECF No. 70, it is hereby

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ORDERED, ADJUDGED, AND DECREED that:

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1.

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Declaration of Taking (ECF No. 2), and then deposited $5,800 (“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 5.1 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 Centerville Holdings, LLC, a Washington limited liability

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company created and controlled by Martin N. Nye and Cherie C. Nye.

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3.

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

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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

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

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sum of $22,500 inclusive of interest, attorneys’ fees, and costs. See ECF No. 70,

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Stipulation of Just Compensation.

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4.

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amount of $22,500.

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5.

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I Corporation and its successor in interest T-Mobile West LLC, Windy Point

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Partners, LLC, Windy Point Flats, LLC, Southern California Public Power

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Authority, and the County of Klickitat, Washington, previously disclaimed any

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interest in the subject property and were dismissed from this case without

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prejudice, see ECF Nos. 13, 22, 24, 25, 27, 31, 44, 46, 71, and 72. As such, these

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parties are not entitled to any distribution of the just compensation to be paid for

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the taking of the Property.

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

Seven parties initially named in this suit, State of Washington, Western PCS

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6.

As the United States has previously deposited $5,800 as estimated just

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compensation, the deficiency amount between this amount and the agreed

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settlement of $22, 500 is $16,700. The United States shall pay into the Registry of

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the Court the deficiency amount of $16,700. 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 $16,700 deficiency shall accrue statutory interest for each day until

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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 said lands

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and all appurtenances thereunto belonging.

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8.

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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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9.

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on the date of taking, it had exclusive right to the compensation herein, excepting

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the interest of parties having liens or encumbrances of record and unpaid taxes and

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assessments, if any, and that no other person or entity is entitled to the same or any

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part thereof. In the event that any other party is ultimately determined by a court

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of competent jurisdiction to have any right to receive compensation for the

The said sum of $22,500 shall be full and just compensation and in full

The said sum of $22,500 shall be subject to all liens, encumbrances, and

Defendants Centerville Holdings, LLC, and Mr. and Mrs. Nye warrant that

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property taken in this case, Centerville Holdings, LLC, and Mr. and Mrs Nye shall

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

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

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

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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, disburse to

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Defendant Centerville Holdings, LLC, and Mr. and Mrs. Nye, with check payable

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to:

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

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Martin Nye

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at the following address:

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Stephen G. Leatham
Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S.
211 E. McLoughlin Blvd., Suite 100
Vancouver, WA 98666-0622

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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

This 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 10 day of September 2015.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Judge

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