United States of America v. 30.60 Acres of Land, More or Less, in the County of Sutter et al, No. 2:2010cv00789 - Document 27 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT INEMINENT DOMAIN dated *10/15/10* pursuant to order signed by Judge Garland E. Burrell, Jr on 10/15/10 ORDERING that judgment is here by entered against the USA in the amt of $70,000.00, and that title to the interests condemned i n this action vested in the USA free and discharged of all claims and liens of any kind whatsoever on 4/2/10, which is the date on which the Declaration of Taking was filed, and the $11,700.00 estimated just compensation was deposited into the C ourt's registry; and that the US shall deposit the deficiency of $58,300.00 into the Court's registry. Thereafter, the Clerk shall distribute $70,000.00 by check made payable to Pacific Gas and Electric Company and mailed to: Ces ar V. Alegria, Jr. Attorney at Law, P.O. Box 7442, San Francisco, CA, 94120; This payment shall be full, adequate and just compensation for the taking of the estate and interests in the subject property. The Clerk is directed to enter satisfaction o f this judgment of record upon the payment to defendant; that the ninety percent of any interest earned on the estimated just compensation of $11,700 shall be paid to the US by check made payable to United States Treasury and delivered to the Of fice of the United States Attorney for this District, in care of the Civil Division Chief. The Court shall retain the remaining 10 percent of any interest earned on the estimated just compensation for the Court's registry fee. The parties shall be responsible for their own legal fees, costs, and expenses.(Becknal, R)
Download PDF
United States of America v. 30.60 Acres of Land, More or Less, in the County of Sutter et al Doc. 27 1 BENJAMIN B. WAGNER United States Attorney 2 LYNN TRINKA ERNCE Assistant U.S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2720 Facsimile: (916) 554-2900 5 Attorneys for Plaintiff 6 United States of America 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Case No. 2:10-cv-00789 GEB GGH 12 FINAL JUDGMENT IN EMINENT DOMAIN 13 Plaintiff, v. 14 30.60 ACRES OF LAND, MORE OR LESS, IN THE COUNTY OF SUTTER; PACIFIC GAS 15 AND ELECTRIC COMPANY; STEVE HARRAH, SUTTER COUNTY TREASURER; 16 and UNKNOWN OWNERS, 17 Defendants. 18 19 Following a stipulation, filed herein, by and between the defendant remaining in this action, 20 Pacific Gas and Electric Company (“Defendant”), and plaintiff United States of America (“Plaintiff”), 21 the Court is fully informed and finds: 22 1. The subject property is situated in the County of Sutter, State of California, as more 23 particularly described in the Complaint and Declaration of Taking filed herein. 24 2. On April 2, 2010, plaintiff filed a Complaint and a Declaration of Taking which describe 25 the estate and interests in the subject property condemned by this action, and plaintiff deposited into the 26 Court registry $11,700.00 as estimated just compensation for the taking of such estate and interests. 27 3. The use for which the subject property is taken and condemned is one authorized by law. 28 The property and its taking are necessary and suited to that use. Final Judgment in Eminent Domain 1 Dockets.Justia.com 1 4. All parties interested directly or indirectly in the subject property have been served with 2 process, or have appeared in this action. The property, and all claimants and parties interested therein, 3 are within the jurisdiction of this Court, which has the power and authority to enter this Final Judgment. 4 5. At the time of and immediately preceding the filing of the Complaint and Declaration 5 of Taking, defendant was the only person or entity entitled to the compensation to be awarded for the 6 taking of the estate and interests condemned by this action. 7 6. The parties have entered into a stipulation in which defendant agrees to accept $70,000.00 8 as just compensation. The Court finds that sum to be full, adequate and just compensation for the taking 9 of the estate and interests condemned by this action, and for any damages resulting therefrom. 10 7. A Notice of Lis Pendens gave notice of the filing of the Complaint and Declaration of 11 Taking was recorded in the Official Records, County of Sutter, as document number 2010-0006041 on 12 April 28, 2010. The interests described therein are adopted herein by this reference. 13 NOW THEREFORE IT IS ORDERED, ADJUDGED AND DECREED that judgment is hereby 14 entered against the United States of America in the amount of $70,000.00. 15 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that title to the interests 16 condemned in this action vested in the United States of America free and discharged of all claims and 17 liens of any kind whatsoever on April 2, 2010, which is the date on which the Declaration of Taking was 18 filed, and the $11,700.00 estimated just compensation was deposited into the Court’s registry. 19 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the United States shall 20 deposit the deficiency of $58,300.00 into the Court’s registry. Thereafter, the Clerk shall distribute 21 $70,000.00 by check made payable to Pacific Gas and Electric Company and mailed to: 22 Cesar V. Alegria, Jr. Attorney at Law P.O. Box 7442 San Francisco, CA 94120 23 24 25 This payment shall be full, adequate and just compensation for the taking of the estate and interests in 26 the subject property. The Clerk is directed to enter satisfaction of this judgment of record upon the 27 payment to defendant. 28 /// Final Judgment in Eminent Domain 2 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the ninety percent of any 2 interest earned on the estimated just compensation of $11,700 shall be paid to the United States by check 3 made payable to “United States Treasury” and delivered to the Office of the United States Attorney for 4 this District, in care of the Civil Division Chief. The Court shall retain the remaining 10 percent of any 5 interest earned on the estimated just compensation for the Court’s registry fee. 6 The parties shall be responsible for their own legal fees, costs, and expenses. 7 Dated: October 15, 2010 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final Judgment in Eminent Domain 3