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United States v. 0.028 Acres of Land

United States District Court, W.D. Arkansas

August 8, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
0.028 ACRES OF LAND, MORE OR LESS, SITUATED IN SEBASTIAN COUNTY, ARKANSAS; PRAIRIE LAND HOLDINGS, LLC; AND SEBASTIAN COUNTY TAX ASSESSOR ZACH JOHNSON; ET AL., Defendants.

          ON BEHALF OF THE UNITED STATES OF AMERICA: DUANE (DAK) KEES United States Attorney, MARK W. WEBB (AR Bar No. 77141) Assistant United States Attorney, JEFFREY BOSSERT CLARK Assistant Attorney General, MILES H. PLANT (NY Bar No. 4901583), DEVIN A. WOLAK Trial Attorneys

          ONBEHALF OF PRAIRIE LAND HOLDINGS, LLC: RAYBIMN W. GREEN, MAX R. DEITCHLER Kutak Rock, LLP

          STIPULATED FINAL JUDGMENT

          HON. P.K. HOLMES III UNITED STATES DISTRICT JUDGE

         Plaintiff United States and Defendant Prairie Land Holdings, LLC ("Prairie Land"), hereby agree and stipulate, and the Court hereby ORDERS, ADJUDGES, AND DECREES as follows:

         1. On or about April 16, 2019, the United States filed a Complaint in Condemnation (Dkt. No. 2) and a Declaration of Taking (Dkt. No, 3) in this eminent domain proceeding.

         2. The Declaration of Taking provides for the United States acquiring a fee simple interest in certain land in Fort Smith, Arkansas, as described in the Declaration of Taking (hereinafter, the "Subject Property").

         3. On or about April 26, 2019, the United States deposited $45, 000.00 with the Court as an estimate of just compensation for the taking of the Subject Property (April 26, 2019 Text Only Financial Dkt. Entry). At the time of the deposit, title to the Subject 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(b).

         4. At the time of taking, the United States was already in possession of the Subject Property pursuant to a lease (DTFASW-08-L-00020) between the Federal Aviation Administration and Prairie Land Holdings, LLC.

         5. Prairie Land was the record owner of the Subject Property immediately prior to the deposit with the Court of the United States' estimate of just compensation.

         6. Prairie Land has not withdrawn any portion of the deposited estimate of just compensation during the pendency of this action. Accordingly, the full deposited amount of $45, 000.00, plus any applicable earned interest, remains in the Court's registry.

         7. Defendant Sebastian County Tax Assessor Zach Johnson has disclaimed any interest in the proceeds of this case and requested that no further pleadings be served on him. See Dkt. No. 15, Exhibit A.

         8. In order to resolve this condemnation proceeding, the parties agree that the just compensation payable by the United States for the taking of the Subject Property as described in the Declaration of Taking, together with all improvements thereon and appurtenances thereunto belonging, shall be the sum of $45, 000.00 inclusive of interest, attorney's fees, and costs.

         9. JUDGMENT shall be, and is hereby, entered against the United States in the amount of $45, 000.00.

         10. The said sum of $45, 000.00 shall be full and 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 Subject Property and estates described in the Declaration of Taking ...


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