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United States of America v. Establishing Just Compensation

March 29, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ESTABLISHING JUST COMPENSATION, REQUIRING A 62.64 ACRES OF LAND, MORE OR SUPPLEMENTAL DEPOSIT OF JUST LESS, SITUATE IN SAN BERNARDINO COMPENSATION, DISTRIBUTING COUNTY, STATE OF CALIFORNIA; FUNDS IN THE COURT REGISTRY, AND TODD LAUNCHBAUGH AND AND ENTERING FINAL JUDGMENT LAURA LAUNCHBAUGH, HUSBAND AND WIFE, AS JOINT TENANTS, DAVID T. SWOISH AND LINDA SWOISH, HUSBAND AND WIFE, AS JOINT TENANTS, REX SHAFFER AND BETTIE SHAFFER, HUSBAND AND WIFE, AS JOINT TENANTS, WILLIAM BRATTON AND PAMELA BRATTON, HUSBAND AND WIFE, AS JOINT TENANTS, PATRICK TANCREDI, REX SHAFFER AND BETTIE SHAFFER AS TRUSTEES OF THE SHAFFER FAMILY TRUST, SAN BERNARDINO COUNTY TAX COLLECTOR, ROBERT AND MARY CANTARERO, HUSBAND AND WIFE, AS JOINT TENANTS, S.W. HARRISON ENTERPRISES, INC., AND SMTD CORPORATION, A CALIFORNIA CORPORATION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: George H. Wu, U.S. District Judge

JS-6

ORDER

Pursuant to the Joint Motion for Order Establishing Just Compensation, Requiring a Supplemental Deposit of Just Compensation, Distributing Funds in the Court Registry, and Entering Final Judgment filed by Plaintiff, United States of America, and Defendants, Todd Launchbaugh and Laura Launchbaugh, IT IS HEREBY ORDERED AND ADJUDGED THAT:

1. The full just compensation payable by the Plaintiff for the taking of the property identified in the Complaint with Declaration of Taking filed herein, together with all improvements thereon and appurtenances thereunto belonging, shall be the sum of $167,500.00, inclusive of interest and costs.

2. Judgment shall be and hereby is entered against the United States of America in the amount of $167,500.00.

3. Contemporaneously with the filing of this action Plaintiff deposited the amount of $94,000.00 into the Registry of the Court.

4. Plaintiff will deposit an additional $73,500.00 into the Registry of the Court within forty-two (42) days of the filing with the Court of disclaimers of interest by (a) all lien holders identified in the Third Amended Preliminary Report by Chicago Title Company dated as of May 1, 2012 and (b) all interested parties identified in the Complaint in Condemnation with Declaration of Taking, to include both the First Amended Complaint and Second Amended Complaint, who can reasonably be located and are specifically identified as follows:

a. David T. Swoish and Linda Swoish, husband and wife, as joint tenants;

b. Rex Shaffer and Bettie Shaffer, husband and wife, as joint tenants;

c. William Bratton and Pamela Bratton, husband and wife, as joint tenants;

d. Patrick Tancredi;

e. Rex Shaffer and Bettie Shaffer as trustees of the Shaffer Family Trust;

f. Robert and Mary Cantarero, husband and wife, as joint tenants.

5. The said sum of $167,500.00 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 ...


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