Filed: Jan. 22, 2015
Latest Update: Jan. 22, 2015
Summary: ORDER AUTHORIZING DISBURSEMENT OF $747,500.00 DEPOSIT TROY L. NUNLEY, District Judge. Following a stipulation, filed herein, by and between the United States of America and Randall L. Carroll, Trustee Under The Randall L. Carroll Separate Property Trust, Established September 15, 2009 ("Trustee"), the Court is fully informed and finds: The subject property is situated in the County of Tulare, State of California, as more particularly described in the Complaint and Declaration of Taking filed
Summary: ORDER AUTHORIZING DISBURSEMENT OF $747,500.00 DEPOSIT TROY L. NUNLEY, District Judge. Following a stipulation, filed herein, by and between the United States of America and Randall L. Carroll, Trustee Under The Randall L. Carroll Separate Property Trust, Established September 15, 2009 ("Trustee"), the Court is fully informed and finds: The subject property is situated in the County of Tulare, State of California, as more particularly described in the Complaint and Declaration of Taking filed h..
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ORDER AUTHORIZING DISBURSEMENT OF $747,500.00 DEPOSIT
TROY L. NUNLEY, District Judge.
Following a stipulation, filed herein, by and between the United States of America and Randall L. Carroll, Trustee Under The Randall L. Carroll Separate Property Trust, Established September 15, 2009 ("Trustee"), the Court is fully informed and finds:
The subject property is situated in the County of Tulare, State of California, as more particularly described in the Complaint and Declaration of Taking filed herein.
On November 19, 2014, the United States filed a Complaint and a Declaration of Taking which describe the estate and interests in the subject property condemned by this action. On November 20, 2014, the United States delivered a check for $747,500.00 to the Clerk of the Court as estimated just compensation for the taking of such estate and interests. The Clerk deposited the check into the Court's registry account on November 25, 2014.
The Trustee has warranted and represented that he held fee title to the subject property as of November 20, 2014 and November 25, 2014.
The United States and the Trustee have entered into a stipulation whereby the Trustee has agreed to accept payment of $747,500.00 as just compensation for the Trustee's interests in the subject property. The parties have requested that the Court order the Clerk to disburse the $747,500.00 as soon as possible under Rule 71.1(j)(2) of the Federal Rules of Civil Procedure. Based on the stipulation and good cause appearing therefore,
IT IS HEREBY ORDERED that the stipulation is approved in its entirety;
IT IS FURTHER ORDERED that, as soon as possible, and no later than thirty (30) days after the date of entry of this Order, the Clerk shall distribute $747,500.00 by check made payable to "Randall L. Carroll, Trustee Under The Randall L. Carroll Separate Property Trust, Established September 15, 2009" and mailed to:
Randall L. Carroll, Trustee
981 W. North Grand Avenue
Porterville, California 93257
This payment shall be full, adequate, and just compensation for all of the Trustee's interests in the estates and interests condemned in this action and shall be in full satisfaction of any and all claims of whatsoever nature by the Trustee against the United States of America in any way related to the institution and prosecution of this action.
Upon payment of the $747,500.00 to the Trustee, the Clerk is directed to enter satisfaction of judgment of record as to the Trustee.
The parties shall be responsible for their own legal fees, costs, and expenses.
