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United States v. 29.93 Acres of Land

United States District Court, M.D. Tennessee, Nashville Division

November 8, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
29.93 ACRES OF LAND, MORE OR LESS, SITUATE IN MONTGOMERY COUNTY, TENNESSEE, AND CAROL JEAN FREY, et al., Defendants.

          DAVID RIVERA United States Attorney Middle District of Tennessee

          DAVID RIVERA United States Attorney Middle District of Tennessee S. DELK KENNEDY, JR., B.P.R. #09799 Assistant United States Attorney

          ROGER A. MANESS, B.P.R. #07353 Marks, Shell & Maness

          STIPULATED FINAL JUDGMENT

          TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE

         Pursuant to this stipulation signed and jointly filed by the parties, IT IS HEREBY ORDERED AND ADJUDGED THAT:

         1. On April 22, 2015, the United States filed a Complaint in Condemnation and a Declaration of Taking against real property owned by David & Carol Jean Frey. Docket Nos. 1 & 2.

         2. On April 22, 2015, the United States deposited a check in the amount of Three Hundred Seventy-Five Thousand Dollars ($375, 000.00) into the Registry of the Court. Docket No. 5. At that time, title to the property, to the extent set forth in the Declaration of Taking (Docket No. 2), vested in the United States by operation of law. 40 U.S.C. § 3114.

         3. On April 24, 2015, the Court ordered that the sum of $375, 000.00 tendered by check by the government as estimated compensation and numbered cause be deposited and retained into the Registry of the Court pursuant to Middle District of Tennessee, Local Rule 67.01 (Deposit of Court). Docket No. 12. Also, on April 24, 2015, the Court ordered the surrender of the said property to the extent of the estate condemned. Id.

         5. The full just compensation payable by the United States for the taking of the property interests identified in the Complaint in Condemnation (Docket No. 1) and Declaration of Taking (Docket No. 2), the title to which has already vested in the United States, shall be the sum of Four Hundred Fifty Thousand Dollars ($450, 000.00), inclusive of interest and costs.

         6. Judgment shall be and hereby is entered against the United States in the amount of Four Hundred Fifty Thousand Dollars ($450, 000.00), inclusive of interest and costs.

         7. The said sum of Four Hundred Fifty Thousand Dollars ($450, 000.00) 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 the said interests.

         8. The said sum of Four Hundred Fifty Thousand Dollars ($450, 000.00) 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.

         9. As the United States has previously deposited $375, 000.00 as estimated just compensation, the deficiency amount between the amount deposited and the stipulated just compensation of $450, 000.00 is $75, 000.00. Upon entry of a judgment on this stipulation, the United States shall pay into the registry of the Court the deficiency amount of $75, 000.00.

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


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