United States of America v. 34.6 Acres of Land et al, No. 2:2012cv03140 - Document 57 (E.D. Wash. 2014)
Court Description: 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 of America v. 34.6 Acres of Land et al Doc. 57 1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 UNITED STATES OF AMERICA, NO: 1:12-CV-3140-RMP Plaintiff, 8 v. FINAL JUDGMENT 9 10 34.6 ACRES OF LAND, more or less situate in Klickitat County, State of Washington, 11 Defendant. 12 13 Upon consideration of the Stipulation of Just Compensation executed by the 14 United States of America and all defendants herein, it is hereby ORDERED, 15 ADJUDGED AND DECREED that: 16 1. 17 Compensation, ECF No. 55, is GRANTED. 18 2. 19 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 20 FINAL JUDGMENT ~ 1 Dockets.Justia.com 1 the Registry of the Court on December 12, 2012 (ECF No. 5). At that time, title to 2 the property, as set forth in the Declaration of Taking, vested in the United States. 3 3. 4 located in Klickitat County, Washington, as more particularly described in the 5 Declaration of Taking filed herein (“subject property”). The underlying land is 6 owned in fee simple by The Hill Revocable Living Trust U/T/D December 22, 7 2009. 8 4. 9 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 10 estates described in the Declaration of Taking filed herein (ECF No. 2), together 11 with all improvements thereon and appurtenances thereunto belonging, shall be the 12 sum of $128,000 inclusive of interest, attorneys’ fees, and costs. See ECF No. 55, 13 Stipulation of Just Compensation. 14 5. 15 amount of $128,000. 16 6. 17 and the Klickitat Public Utility District No. 1, have disclaimed any interest in the 18 Property. ECF Nos. 50, 53. As such, these parties are not entitled to any 19 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, 20 FINAL JUDGMENT ~ 2 1 7. As the United States has previously deposited $53,280 as estimated just 2 compensation, the deficiency amount between this amount and the agreed 3 settlement of $128,000 is $74,720. The United States shall pay into the Registry of 4 the Court the deficiency amount of $74,720. Should said deposit into the Registry 5 not be made within 30 days of the entry of this order of judgment, any unpaid 6 portion of the $74,720 deficiency shall accrue statutory interest for each day 7 thereafter until deposited. 8 8. 9 satisfaction of any and all claims of whatsoever nature against the United States by 10 reason of the institution and prosecution of this action and taking of the said lands 11 and all appurtenances thereunto belonging. 12 9. 13 charges of whatsoever nature existing against the said property at the time of 14 vesting of title thereto in the United States and all such taxes, assessments, liens 15 and encumbrances shall be payable and deductible from the said sum. 16 10. 17 warrants that on the date of taking it had exclusive right to the compensation 18 herein, excepting the interest of parties having liens or encumbrances of record and 19 unpaid taxes and assessments, if any, and that no other person or entity is entitled 20 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, FINAL JUDGMENT ~ 3 1 determined by a court of competent jurisdiction to have any right to receive 2 compensation for the property taken in this case, The Hill Revocable Living Trust 3 U/T/D December 22, 2009, shall refund into the Registry of the Court the 4 compensation distributed herein, or such part thereof as the Court may direct, with 5 interest thereon calculated in accordance with the provision of 40 U.S.C. § 3116, 6 from the date of the receipt of the deposit by Defendant to the date of repayment 7 into the Registry of the Court. 8 11. 9 (including attorney fees, consultants’ fees, and any other expenses). The parties shall be responsible for their own legal fees, costs, and expenses 10 12. 11 Court, the Clerk of the Court shall, without further order of this Court, disburse to 12 Defendant The Hill Revocable Living Trust, U/T/D December 22, 2009, with 13 check payable to: 14 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 15 at the following address: 16 17 18 Bradley W. Andersen Landerholm PS P.O. Box 1086 Vancouver, WA 98666-1086 19 all sums on deposit in the Registry of the Court, together with any interest earned 20 thereon while on deposit. FINAL JUDGMENT ~ 4 1 13. 2 be CLOSED. 3 4 5 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. 6 7 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON Chief United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 FINAL JUDGMENT ~ 5
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