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U.S. v. TRACT J47-10, 5.00 ACRES OF LAND, MORE OR LESS IN COLLIER COUNTY, 2:02-cv-410-FtM-33SPC. (2015)

Court: District Court, M.D. Florida Number: infdco20151208g29 Visitors: 9
Filed: Dec. 08, 2015
Latest Update: Dec. 08, 2015
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON , District Judge . This matter comes before the Court on review of the file. On June 30, 2005, the Court conducted a bench trial to determine just compensation in eight condemnation proceedings. (Doc. # 41). As to this case, the Court determined that just compensation was $750.00 an acre for a total of $3,700.00, and a Judgment (Doc. # 42) was issued. However, no claimants filed applications seeking withdrawal of the just compensation. On June 30, 2005
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ORDER

This matter comes before the Court on review of the file. On June 30, 2005, the Court conducted a bench trial to determine just compensation in eight condemnation proceedings. (Doc. # 41). As to this case, the Court determined that just compensation was $750.00 an acre for a total of $3,700.00, and a Judgment (Doc. # 42) was issued. However, no claimants filed applications seeking withdrawal of the just compensation. On June 30, 2005, upon determining just compensation, the Court noted:

That, in the event that the Just Compensation and any interest, or any part thereof, remains unclaimed for a period of five years from the date of this Opinion and Order, the Clerk of the Court, pursuant to 28 U.S.C. § 2042, will cause such sum, together with any interest, to be deposited in the United States Treasury in the name and to the credit of the United States of America.

(Doc. # 41 at ¶ 10). Considerably more than 5 years have passed, and the just compensation funds are due to be returned to the United States of America via the National Park Service pursuant to the Order.

However, in reviewing the file, the Court notices that the United States initially identified Robert S. Colp as a potential claimant (as the last known heir and devisee of Herbert W. Colp (deceased)). (Doc. # 11). Thereafter, in an Amended Complaint, the United States notified the Court that Robert S. Colp died. (Doc. # 34 at ¶ 4). The United States served an individual named Dewease W. Elliott with the Amended Complaint and subsequent filings. Without making any finding as to entitlement to the funds at issue, and in an effort to locate unknown claimants, the Court will direct the Clerk to mail a blank application form to Robert S. Colp's last known address, as well as to Dewease W. Elliott. The Court recognizes that Robert S. Colp has passed away, but sends this Order and the attached application to his last known address based on the chance that it will reach an heir to the money at issue.

Accordingly, it is hereby

ORDERED, ADJUDGED, and DECREED:

1. The Clerk shall mail a copy of this Order and the attached Application form to the following individuals: Robert S. Colp (deceased) 15952 Sequoia Avenue # 7 Hesperia, CA 92345 and Dewease W. Elliott 807 Clayton Avenue Tupelo, MS 38804 2. Any application must be filed with the Clerk of Court on or before February 8, 2016. If no applications are filed, the funds will be disbursed to the National Park Service without further notice.

DONE and ORDERED.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Case No. 2:02-cv-410-FtM-33SPC TRACT J47-10, 5.0 ACRES OF LAND, MORE OR LESS, IN COLLIER COUNTY, FLORIDA, HERBERT W. COLP (DECEASED), ET AL., Defendants.

APPLICATION FOR WITHDRAWAL OF JUST COMPENSATION

Applicant, ______________________, hereby applies for distribution from the funds on deposit to the credit of the captioned tract and after being first duly sworn, deposes and states as follows:

1. At the time of the filing of the Declaration of Taking in this cause, the Applicant was the owner of an estate or interest in the captioned tract, which is more particularly described in the Declaration of Taking and Schedules A, B, C, and D.

2. On September 3, 2002, the Declaration of Taking and Schedules A, B, C, and D included the captioned tract and the sum of $3,750.00 was deposited with the Registry of the Court as the good faith estimate of just compensation for the taking of the captioned tract. See Dkt. No. 4.

3. On June 30, 2005, the Court issued an Opinion and Order determining the just compensation of Tract J47-10 to be $3,750.00. See Dkt. No. 41.

4. No part of the Deposit made on September 3, 2002, has been paid to the Applicant.

5. In support of Applicant's claim of ownership of an estate or interest in the captioned tract on the date of the taking, the Applicant submits the following:

a. Basis for estate or interest claimed (e.g., spouse or child of deceased landowner, judgment, etc.). ____________________________________________________________________________________________ ____________________________________________________________________________________________

b. Extent of estate or interest claimed (e.g., all, ½, etc.). ____________________________________________________________________________________________ ____________________________________________________________________________________________

c. Amount of Deposit requested (e.g., specific dollar amount). ____________________________________________________________________________________________ ____________________________________________________________________________________________

d. Other known owners of an estate or interest (if none, state none). ____________________________________________________________________________________________ ____________________________________________________________________________________________

e. Other information supporting claim. ____________________________________________________________________________________________ ____________________________________________________________________________________________

6. Applicant warrants that he/she has the right to the claimed portion of the Deposit for the captioned tract after the payment of taxes.

7. Applicant prays that the Court order the disbursement of the request amount of the Deposit to him/her, subject to the following conditions:

a. That out of the funds on deposit, all valid taxes, liens and encumbrances first will be paid, if not already paid.

b. That in case it finally is determined that the Applicant is not entitled to receive the Deposit or any part thereof, he/she agrees to refund into the Registry of the Court such sum paid to him/her, or such part thereof as the Court may direct with interest calculated pursuant to 40 U.S.C. § 258e-1 from the date of the disbursement.

8. The matters stated herein are upon my personal knowledge and are true; and, the matters stated upon information and belief, if any, I believe to be true.

_____________________ (Signature) _____________________ (Printed Name) _____________________ _____________________ _____________________ Address _____________________ Telephone number _____________________ Social Security Number *

*(Be advised that this application will be filed with the Court and will become a document accessible electronically by the public. Accordingly, providing sensitive information, such as a social security number, is optional. However, be advised that in cases where the deposited estimated just compensation or awarded just compensation is $5,000.00 or more, the applicant[]s social security number must be provided to the Court's finance office before distribution of any funds from the Registry of the Court.)

COUNTY OF ____________) STATE OF ______________)

Sworn to and subscribed before me this _________ day of ___________, 2015, by ___________________________ (applicant) who is personally known to me or who has produced __________________________________ as identification.

_______________________ Notary Public Signature _______________________ [SEAL] Notary Public Print Name
Source:  Leagle

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