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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 ...


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