United States of America v. 5 Acres of Land, More or Less, Situate in San Bernardino County California et al, No. 5:2019cv01076 - Document 19 (C.D. Cal. 2022)
Court Description: FINAL JUDGMENT APPROVING STIPULATION OF JUST COMPENSATION 18 by Judge Michael W. Fitzgerald. In order to settle this action, the parties agree that the just compensation payable by the United States for the taking of the Property shall be the sum of $15,000.00, inclusive of interest, attorneys' fees, and costs. SEE JUDGMENT FOR DETAILS. (iv)
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United States of America v. 5 Acres of Land, More or Less, Situate in San... County California et al 1 Doc. 19 TRACEY WILKISON Acting United States Attorney 2 3 4 5 6 7 8 9 10 11 READE E. WILSON (Maine Bar No. 4992) Trial Attorney U.S. Department of Justice Environment & Natural Resources Division P.O. Box 7611 – Ben Franklin Station Washington, DC 20044 Telephone: (202) 305-0299 Facsimile: (202) 353-7763 reade.wilson@usdoj.gov NO JS-6 Attorneys for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 14 15 UNITED STATES OF AMERICA, Case No.: 5:19-CV-1076-MWF-SP 16 Plaintiff, FINAL JUDGMENT APPROVING STIPULATION OF JUST COMPENSATION 17 18 19 20 21 v. 5 ACRES OF LAND, MORE OR LESS, SITUATE IN SAN BERNARDINO COUNTY, CALIFORNIA, AND 40 U.S.C. § 3114 HENRY C. GARVIN, et al., 22 Defendants. 23 24 Upon consideration of the Stipulation of Just Compensation executed by the 25 Plaintiff United States of America and Defendant Henry C. Garvin, it is hereby 26 ORDERED, ADJUDGED, AND DECREED that: 27 28 1. The United States filed its Complaint in Condemnation (ECF No. 1) and Declaration of Taking (ECF No. 3) in this eminent domain proceeding on June FINAL JUDGMENT APPROVING STIPULATION OF JUST COMPENSATION - 1 Dockets.Justia.com 1 12, 2019, and deposited $6,500.00 with the Court registry as estimated just 2 compensation for the taking on June 18, 2019. ECF No. 15. At that time, title to 3 the property, as set forth in the Declaration of Taking, vested in the United States. 4 5 6 7 8 9 10 11 2. The property consists of 5 acres of land in San Bernardino County, California, as described in the Declaration of Taking (hereinafter, the “Property”). 3. Defendant Henry C. Garvin was the record owner of the Property immediately prior to the taking. 4. Defendant San Bernardino County disclaimed any interest in the Property and the proceeds of this case and is not entitled to any distribution of just compensation paid for the taking of the Property. ECF No. 12. 5. In order to settle this action, the parties agree that the just 12 compensation payable by the United States for the taking of the Property shall be 13 the sum of $15,000.00, inclusive of interest, attorneys’ fees, and costs. 14 6. As the United States has previously deposited $6,500.00 as estimated 15 just compensation, the deficiency amount between this amount and the agreed 16 settlement of $15,000.00 is $8,500.00. The United States shall pay into the 17 registry of the Court, and the Clerk is directed to accept, the deficiency amount of 18 $8,500.00. 19 7. The said sum of $15,000.00 shall be full and just compensation and in 20 full satisfaction of all claims of whatsoever nature against the United States by 21 reason of the institution and prosecution of this action and taking of the Property. 22 8. The said sum of $15,000.00 shall be subject to all liens, encumbrances 23 and charges of whatsoever nature existing against the Property at the time of 24 vesting of title in the United States and all such taxes, assessments, liens and 25 encumbrances shall be payable and deductible from said sum. 26 9. Defendant Henry C. Garvin warrants that he has the exclusive right to 27 compensation and that no other person or entity is entitled to the same or any part 28 thereof. In the event that any other party is ultimately determined by a court of FINAL JUDGMENT APPROVING STIPULATION OF JUST COMPENSATION - 2 1 competent jurisdiction to have any right to receive compensation for the Property 2 taken in this case, Defendant shall refund into the registry of the Court the 3 compensation distributed herein, or such part thereof as the Court may direct, with 4 interest thereon calculated in accordance with the provision of 40 U.S.C. § 3116, 5 from the date of the receipt of the award by Defendant to the date of repayment 6 into the Registry of the Court. 7 10. The parties shall be responsible for their own legal fees, costs, and 8 expenses (including attorneys’ fees, consultants’ fees, experts’ fees, transcript 9 costs, and any other expenses relating to this litigation). 10 11. Upon the United States depositing the deficiency amount of $8,500.00 11 into the Court registry, the Clerk of the Court shall, without further order of this 12 Court, disburse to Defendant Henry C. Garvin all sums on deposit in the registry of 13 the Court, together with any interest earned thereon while on deposit, by mailing 14 the check to: Diversified Heating and Cooling Attention: Hank Garvin 7352 Fox Trail Yucca Valley, California 92284 15 16 17 18 19 20 12. Following disbursement of the above sums to Defendant Henry C. Garvin, this case shall be CLOSED. IT IS SO ORDERED. 21 22 Dated: February 11, 2022 23 24 25 ____________________________ MICHAEL W. FITZGERALD United States District Judge cc: FISCAL DEPARTMENT 26 27 28 FINAL JUDGMENT APPROVING STIPULATION OF JUST COMPENSATION - 3
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