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United States v. 4.11 Acres More or Less, Located In Baldwin County

United States District Court, S.D. Alabama, Southern Division

September 11, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
4.11 ACRES MORE OR LESS, LOCATED IN BALDWIN COUNTY, STATE OF ALABAMA AND RANDY FELIX, Defendant.

          RICHARD W. MOORE United States Attorney By: Patricia N. Beyer

          BHAVNA CHANGRANI Trial Attorney U.S. Department of Justice

          DEFENDANT'S COUNSEL By: Richard Davis [1] DAVIS & FIELDS, P.C.

          STIPULATED FINAL JUDGMENT

          CALLIE V. S. GRANADE, SENIOR UNITED STATES DISTRICT JUDGE

         Pursuant to this stipulation signed and jointly filed herein by the Plaintiff United States of America, and Defendant Randy Felix, IT IS HEREBY ORDERED AND ADJUDGED THAT:

         1. On December 19, 2016, the United States filed a Complaint in Condemnation and a Declaration of Taking against 4.11 acres of land owned by Defendant Randy Felix. (Docs. 1 & 3).

         2. The United States moved to deposit estimated just compensation in the sum of One Hundred Twenty-Six Thousand Dollars ($126, 000) on December 19, 2016. (Doc. 5). The Court granted the Motion on December 22, 2016. (Doc. 8). At that time, title to the property, to the extent set forth in the Declaration of Taking, vested in the United States by operation of law. 40 U.S.C. § 3114.

         3. On January 19, 2017, Defendant Randy Felix moved this Court to withdraw the estimated just compensation. (Doc. 18). The Court granted the Motion on January 30, 2017. (Doc. 21).

         4. The full just compensation payable by the United States for the taking of the property interest identified in the Complaint in Condemnation (Doc. 1) and Declaration of Taking (Doc. 3), the title to which has already vested in the United States, shall be the sum of Two Hundred Five Thousand Dollars ($205, 000). The parties agree that this settlement is inclusive of all costs, attorney fees, and interest.

         5. Judgment shall be and hereby is entered against the United States in the amount of Two Hundred Five Thousand Dollars ($205, 000).

         6. The said sum of $205, 000 shall be just compensation and in full satisfaction of any and all claims of whatsoever nature against the United States by reason of the institution and prosecution of this action and taking of said interests, including any potential air traffic, noise, and military training complaints under 28 U.S.C. § 1346, and the Tucker Act, 28 U.S. Code § 1491.

         7. The said sum of $205, 000 shall be subject to all liens, encumbrances, and charges of whatsoever nature existing against the Property at the time of vesting of title thereto in the United States, and all such liens, encumbrances, and charges of whatsoever nature shall be payable and deductible from the said sum.

         8. As the United States has previously deposited $126, 000 as estimated just compensation, the deficiency amount plus interest, between the amount deposited and the stipulated just compensation of $205, 000 is Seventy-Nine Thousand Dollars ($79, 000). Upon entry of a judgment on this stipulation, the United States shall pay into the registry of the Court the deficiency amount of $79, 000.

         9. Upon the Court's Order entering judgment and the United States' deposit of the deficiency amount into the registry of the Court, in accord with this stipulation of just compensation, the Defendant may seek immediate distribution of the deficiency to ...


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