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Caldwell v. United States
United States District Court, W.D. Arkansas, El Dorado Division
November 20, 2018
CARL R. CALDWELL and GAYE A. CALDWELL PLAINTIFFS
v.
UNITED STATES OF AMERICA DEFENDANT
JUDGMENT
SUSAN
O. HICKEY UNITED STATES DISTRICT JUDGE
Now on
this 20th day of November 2018, for the reasons stated in its
Findings of Fact and Conclusions of Law, the Court enters
judgment as follows:
1. The Court finds that although the true boundary extends
into the Caldwell Property approximately 70 feet, prior to
the FWS Property being purchased by the United States, a
boundary by acquiescence was established where the old fence
line used to be and the power line poles are currently
located.
2. The Court further finds that the true and common boundary
line shall be established as follows:
A tract of land being part of Section 28, Township 18 South,
Range 05 West of the Fifth Principal Meridian, Ashley County,
Arkansas, as shown on the General Land Office plat from the
Surveyor's Office in Little Rock, Arkansas dated
September 30th, 1842, being more particularly described as
follows:
BEGINNING at a set 3/4-inch rebar with a 2-1/2-inch aluminum
cap stamped “U.S. Fish & Wildlife Service”
set by Robert S. Shotts, PLS 1208, having Arkansas State
Plane (South Zone 0302), NAD 83 (2011) (EPOCH: 2010.0000),
U.S. Foot Coordinates North: 1475882.380, East: 1430010.440
and Latitude: 33 degrees 06 minutes 55.80 seconds, Longitude:
91 degrees 36 minutes 56.55 seconds;
Thence on a grid bearing along the east line of said Section
28 South 00 degrees 29 minutes 59 seconds East a distance of
3974.89 feet to a set 3/4-inch by 36-inch rebar with a
2-1/2-inch aluminum cap stamped “U.S. Fish &
Wildlife Service” at the Southeast corner of the North
Half of the Southeast Quarter of said Section 28;
Thence along the South line of said North Half of the
Southeast Quarter North 88 degrees 36 minutes 46 seconds West
a distance of 81.88 feet to a set 3/4-inch by 36-inch rebar
with a 21/2-inch aluminum cap stamped “U.S. Fish &
Wildlife Service”;
Thence North 00 degrees 16 minutes 53 seconds West a distance
of 3974.56 feet to a set 3/4-inch by 36-inch rebar with a
21/2-inch aluminum cap stamped “U.S. Fish &
Wildlife Service” on the north line of said Section 28;
Thence South 88 degrees 29 minutes 54 seconds East a distance
of 66.73 feet along the north line of said Section 28 to the
place of beginning.
Said tract contains 6.78 Acres.
3. The
surveyed common property line will and shall ever be
hereafter, the common boundary line between the properties
owned by the parties hereto for the purpose of ownership of
such properties.
4. The
Court further finds that a field road was built to the west
of the power line poles. Further, the Caldwells and their
tenants had unhindered use of the field road to access the
Caldwell Property for cultivation and to access to the water
wells that were drilled since the mid 1960s.
5. In
addition, the Court finds that the tenant farmers did not ask
permission of the deYamperts to use the field road. As a
result, the Caldwells and their tenants acquired a private
way by prescription for use of the field road to access the
Caldwell Property for cultivation and access to the ...