Opinion
Civil No. 2:02 CV 1425 DB.
July 30, 2004
PAUL M. WARNER, United States Attorney, JOHN K. MANGUM, Assistant United States Attorney, ERIC A. OVERBY Assistant United States Attorney, Salt Lake City, Utah, Attorneys for Plaintiff United States of America.
Todd Weiler, of, Parry Anderson Gardiner, Counsel for Defendants/Entitled Claimants:
JUDGMENT AND FINAL ORDER OF CONDEMNATION
The Court, having reviewed the jury verdict rendered in this action on April 9, 2004, and good cause appearing therefor, it is hereby
ORDERED, ADJUDGED AND DECREED as follows:
a. Plaintiff United States of America had the right to condemn and fee simple title to the property described in Schedule A of the Declaration of Taking attached to the Complaint filed in this action, and illustrated in the map shown as Schedule B of that Declaration of Taking, copies of both of which are attached hereto, has previously vested in the United States of America under the provisions of the Declaration of Taking Act, 40 U.S.C. § 3114, with the filing in this action of the Declaration of Taking on December 30, 2002, and the receipt by the clerk's office that day of the $214,587.00 amount representing the then estimated just compensation for said taking. That taking was subsequently made the subject of constructive notice to the world with the recording of a court-certified copy of the Declaration of Taking in this case in the official records of the Salt Lake County Recorder offices on January 10, 2003, as entry no. 8488258 in book 8718 at pages 6765 through 6775. The property thus taken and subject to this action (the "Subject Property") is described in Schedule A appended to the Declaration of Taking on file in this action, and a copy of said Schedule A is attached hereto and incorporated herein by this reference.
b. Judgment is hereby entered against the United States and in favor of Defendants (as their interests may appear) in the total principal amount determined by jury verdict duly rendered and returned in this action on April 9, 2004, of TWO HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED TWENTY-TWO DOLLARS AND FORTY-FIVE CENTS ($235,222.45) plus only interest on the present JUDGMENT DEFICIENCY of TWENTY THOUSAND SIX HUNDRED THIRTY-FIVE DOLLARS AND FORTY-FIVE CENTS ($20,635.45) from December 30, 2002, the date of filing of this action, through the date of entry of this Judgment and Final Order of Condemnation in this action (the "Judgment Amount"), together with any interest accruing thereafter until paid to Defendants, as just compensation and full satisfaction for any and all property interests taken or damaged as a result of the condemnation of the Subject Property by the United States including the value of the Subject Property, both the fee simple interest and any and all damage to any remainder, the retrospective leasehold taken and all interest on all such components through the date of entry of Judgment and Final Order of Condemnation in this action.
c. This judgment is partially satisfied by the United States' previous deposit in the registry of the Clerk of the Court of the sum of TWO HUNDRED FOURTEEN THOUSAND and FIVE HUNDRED EIGHTY-SEVEN DOLLARS ($214,587.00) as estimated just compensation for the taking of the Subject Property (the "Initial Deposit"), which was shortly thereafter delivered and paid to legal counsel for the Peterson Defendants pursuant to Court order dated January 17, 2003.
d. The remaining judgment deficiency of TWENTY THOUSAND SIX HUNDRED THIRTY-FIVE DOLLARS AND FORTY-FIVE CENTS ($20,635.45), plus interest thereon calculated pursuant to the provisions of 40 U.S.C. § 3116, from December 30, 2002, the date of filing of this action, through the date of entry of this Judgment and Final Order of Condemnation in this action, and interest accruing thereafter until paid, when all fully paid to Defendants or their counsel, shall be full satisfaction of any and all claims of whatsoever nature against the United States of America by reason of the institution and prosecution of this action and the taking of the Subject Property.
e. This Judgment and Final Order of Condemnation may be filed and recorded in the appropriate official records of the County Recorder offices of Salt Lake County, State of Utah, as a final order of condemnation.
f. The parties on each of the two sides of this action shall bear their own costs and attorneys' fees incurred by each side.