United States District Court, W.D. Arkansas
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
P.K. HOLMES III UNITED STATES DISTRICT JUDGE
United States and Defendant Prairie Land Holdings, LLC
("Prairie Land"), hereby agree and stipulate, and
the Court hereby ORDERS, ADJUDGES, AND DECREES as follows:
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.
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").
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).
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.
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.
Prairie Land has not withdrawn any portion of the deposited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
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.
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
JUDGMENT shall be, and is hereby, entered against the United
States in the amount of $45, 000.00.
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