Opinion
Civil Action No. 99-0381-AH-M.
June 13, 2000.
FINAL JUDGMENT OF FORFEITURE
On April 15, 1999, a verified Complaint for Forfeiture In Rem was filed on behalf of the Plaintiff, United States of America, against the defendant real property which has a mailing address of E 1925/N Brushline-Davis, Edinburg, Texas. The defendant real property is more fully described as follows:
Lots One(1), Two(2), Three(3), THE MEADOW LANDS SUBDIVISION, being a resubdivision of Lots 15,16, 17, and 18 Block 44, Santa Cruz Gardens #2, Hidalgo county, Texas, said Meadow Lands Subdivision according to the map and plat of record in Volume 21, Page 148, Map Records of Hidalgo County, Texas.
Save and Except: All oil, gas and other minerals in and under the herein describe property, including royalties, bonuses and all other rights, as reserved in Deed dated April 15, 1947, recorded in Volume 619, Page 92, Deed Records of Hidalgo County, Texas, except there is conveyed 1/8th of the customary 1/8th nonparticipating royalty interest, together with all rights, express or implies in and to the property herein described, arising out of or connected with said interest and reservation, reference to which instrument is here made for all purposes. Title to said interest has no been investigated subsequent to the date of the aforesaid instrument.
SUBJECT TO THE FOLLOWING:
1. Easements and reservations for streets, alleys and utilities as may be reflected by the map and plat of record in Volume 21, Page 148, Map Records of Hidalgo County, Texas. 2. Declaration of Covenants, Conditions and Restrictions as set forth in instrument dated January 12, 1981, from HAROLD D. MUNAL, III and R.L. JINKS to the PUBLIC, recorded in Volume 1713, Page 587, Deed Records of Hidalgo County, Texas. 3. Buildings set back lines as set forth in instrument dated January 12, 1981, recorded in Volume 1713, Page 587, Deed Records of Hidalgo County, Texas. 4. Easement Twenty feet (20') in width along the East line of the herein described property, for the use of. public utilities, as shown on map recorded in Volume 21, Page 148, Map Records of Hidalgo County, Texas. 5. Rights, rules, regulations, easements and liens in favor of Santa Cruz Irrigation District No. 15.
The Complaint alleges that the defendant real property was subject to forfeiture under the provisions of: Title 18, United States Code, Section 981(a)(1)(A), for the forfeiture of real property involved in a transaction in violation of Title 18, United States Code, Section 1956(a)(1)(A) and (a)(1)(B); Title 19, United States Code, Section 1595a for the forfeiture of property which aided in, facilitated, and was used in the importation, concealing and harboring of a Schedule I Controlled Substance, introduced into the United States in violation of Title 18, United States Code, Section 545, punishable by more than one year's imprisonment; Title 21, United States Code, Section 881(a)(6) for the forfeiture of property which was used or intended to be used in any manner or part to commit or to facilitate the commission of a violation of Title 21, United States Code, Sections 801 et seq., and/or which constitutes proceeds traceable to the exchange of controlled substances; Title 21, United States Code, Section 881(a)(7) as real property used to commit or to facilitate the commission of a violation of Title 21, United States Code, Sections 801 et seq., punishable by more than one year's imprisonment.
Pursuant to a Warrant for Arrest In Rem issued by this Court, the United States Customs Service posted the defendant real property on May 21, 1999. Notice of this arrest and forfeiture action was published in the Mobile Press Register, a newspaper of general circulation in the Southern District of Alabama, on May 10, 12, 14, 17, 19, 21, 1999, and inThe Monitor, a newspaper of general circulation in the Hidalgo County, Texas, area on May 10, 12, 14, 17, 19, 21, 1999.
Process was fully issued in this action for the forfeiture of the defendant real property under the Complaint for Forfeiture In Rem filed herein on April 15, 1999.
Guadalupe Vega Canales was personally served with notice of this forfeiture action on May 21, 1999. Guadalupe Vega Canales has not filed a claim or answer. A Default Judgment of Forfeiture as to the interests of Guadalupe Vega Canales was entered by this Court on August 18, 1999.
Gabriel Canales, through his attorney, Armando Martinez, was served with notice of this forfeiture action by certified mail on May 17, 1999. Gabriel Canales filed an answer to the Complaint denying all the allegations contained therein, through another attorney, Neil Hanley, on June 8, 1999.
On March 17, 2000, the United States filed a motion for summary judgment against the interests of Gabriel Canales, also known as Roberto Garza, Jr., in the defendant property.
On May 18, 2000, this Court entered an Order granting the United States Motion for Summary Judgment against the interest of Gabriel Canales in the defendant real property.
Hidalgo County, Texas filed a claim and answer with regards to the taxes owed on the property.
The United States and Hidalgo County, Texas, came to an agreement, whereby the United States has agreed to pay Hidalgo County, Texas, out of the proceeds of sale when the property is sold, taxes and interest owed in the amounts and for the periods described below.
With the Default Judgment against Guadalupe Vega Canales, Summary Judgment against Gabriel Canales, also known as Roberto Garza, Jr., and the agreement between the United States and Hidalgo County, Texas, wherein the United States agrees to pay the taxes and interest in the amount described below, in full settlement and satisfaction of any claims Hidalgo County, Texas, has against the defendant real property, and there being no remaining issues, the above — captioned action has reached its final conclusion.
The Court having considered the matter and been fully advised in the premises,
NOW THEREFORE, pursuant to the above and the agreement between the United States and Hidalgo County, Texas, it is ORDERED, ADJUDGED, and DECREED as follows:
1. That this Court has jurisdiction over the subject matter. That the Complaint states a claim upon which relief may be granted.
2. That all possible claimants have had adequate notice and time in which to file a claim, answer the Government's complaint, and have their rights in this matter adjudicated.
3. That the United States of America is Ordered to seize, process, and sell the defendant property and disburse the proceeds from the sale of the defendant property in the following order of priority:
a. to the United States Marshals Service for the costs of seizure, custodianship, administration, and sale of the defendant property.
b. to Hidalgo County, Texas, for itself and on behalf of the Edinburg Consolidated Independent School District, the McAllen Independent School District in its capacity Successor in Interest to the Hidalgo/Kenedy County Education District #10, the South Texas Independent School District, the South Texas Community College District, Hidalgo County Fire District #3, and Hidalgo County Drainage District #1, as their interests may appear, the following amounts of ad valorem taxes assessed on the defendant property, together with interest pursuant to TEX.PROP.TAX CODE ANN. § 33.01(c); in the amounts and for the periods described as follows: Defendant Lot 1 Year Tax Amount Interest Total Awarded Defendant Lot 2 Year Tax Amount Interest Total Awarded Defendant Lot 3 Year Tax Amount Interest Total Awarded
1995 $ 965.61 $492.46 $1,458.07 1996 $1,944.76 $758.46 $2,703.22 1997 $3,375.57 $911.40 $4,286.97 1998 $3,503.02 $525.45 $4,028.47 1999 $3,424.11 $102.72 $3,526.83 1987 $ 50.28 $ 73.91 $ 124.19 1988 $ 50.28 $ 67.88 $ 118.16 1989 $ 53.55 $ 65.87 $ 119.42 1990 $ 61.47 $ 68.23 $ 129.70 1991 $ 81.85 $ 81.03 $ 162.88 1992 $ 84.18 $ 73.24 $ 157.42 1993 $ 123.58 $ 92.68 $ 216.26 1994 $ 122.68 $ 77.29 $ 199.97 1995 $ 125.91 $ 64.21 $ 190.12 1996 $ 137.05 $ 53.45 $ 190.50 1997 $ 142.51 $ 38.48 $ 180.99 1998 $ 145.63 $ 21.84 $ 167.47 1999 $ 143.82 $ 4.31 $ 148.13 1987 $ 33.30 $ 48.95 $ 82.25 1988 $ 33.30 $ 44.96 $ 78.26 1989 $ 35.46 $ 43.62 $ 79.08 1990 $ 40.70 $ 45.18 $ 85.88 1991 $ 54.20 $ 53.66 $ 107.86 1992 $ 55.74 $ 48.49 $ 104.23 1993 $ 81.82 $ 61.36 $ 143.18 1994 $ 81.23 $ 51.17 $ 132.40 1995 $ 83.37 $ 42.52 $ 125.89 1996 $ 90.74 $ 35.39 $ 126.13 1997 $ 94.36 $ 25.48 $ 119.84 1998 $ 96.44 $ 14.47 $ 110.91 1999 $ 95.22 $ 2.86 $ 98.08 c. no interest is to be paid under Title 28, United States Code, Section 1961 on the amounts awarded in the preceding paragraphs.4. That the remaining sum of money from the sale of the defendant property is due to be and is hereby forfeited to the United States of America for disposition according to law.
5. That in accordance with the above, the Default Judgment of Forfeiture against Guadalupe Vega Canales, the Summary Judgment of Forfeiture against Gabriel Canales, and the agreed disposition of the proceeds between Hidalgo County, Texas, and the United States of America, the defendant real property is due to be and is hereby forfeited to the United States of America pursuant to Title 18, United States Code, Section 981(a)(1)(A), Title 19, United States Code, Section 1595a, and Title 21, United States Code, Sections 881(a)(6) and (7), for disposition according to law.
6. Each party to bear their own costs.