United States District Court, S.D. Alabama, Southern Division
RICHARD W. MOORE United States Attorney By: Patricia N. Beyer
CHANGRANI Trial Attorney U.S. Department of Justice
DEFENDANT'S COUNSEL By: Richard Davis  DAVIS & FIELDS,
STIPULATED FINAL JUDGMENT
V. S. GRANADE, SENIOR UNITED STATES DISTRICT JUDGE
to this stipulation signed and jointly filed herein by the
Plaintiff United States of America, and Defendant Randy
Felix, IT IS HEREBY ORDERED AND
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).
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.
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).
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.
Judgment shall be and hereby is entered against the United
States in the amount of Two Hundred Five Thousand Dollars
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.
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.
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.
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 ...