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United States v. 160.00 Acres of Land

United States District Court, C.D. California

November 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
160.00 ACRES OF LAND, MORE OR LESS, SITUATE IN SAN BERNARDINO COUNTY, STATE OF CALIFORNIA; CONSTANCIO G. OROGO; UNKNOWN OWNERS; STATE OF CALIFORNIA; AND SAN BERNARDINO COUNTY TAX COLLECTOR, et al., Defendants.

          MARC GORDON (DC Bar No. 430168) marc.gordon@usdoj.gov (202) 305-0291 (202) 353-7763 (fax) Trial Attorney U.S. Department of Justice Attorney for Plaintiff

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          GEORGE H. WU, U.S. DISTRICT JUDGE

         Trial by narrative statement pursuant to Local Rule 43-1 commenced on November 9, 2017 at 8:30 a.m. Plaintiff, United States submitted its Trial Brief and the Declaration of Robert W. Colangelo, and appeared by Trial Attorney Ma Gordon. No answer or appearance was made by any named defendant. Having reviewed the pleadings and papers filed herein, and argument of counsel having been heard, the Court makes these Findings of Fact and Conclusions of Law pursuant to Fed.R.Civ.P. 52.

         I. FINDINGS OF FACT

         A. THE SUBJECT PROPERTY

         1. This is an action by the United States to condemn real property. The property is described as follows (“Subject Property”):

The Southeast ¼ of Section 16, Township 31 South, Range 46 East, Mount Diablo Base and Meridian, County of San Bernardino, State of California, according to the Official Plat thereof.
Excepting all oil, gas, oil shale, coal, phosphate, sodium, gold silver and all other mineral deposits contained in said land, together with the right to drill for an extract such deposits of oil and gas, or gas, and to prospect for, mine, and remove such deposits of other minerals from said land, and to occupy and use so much of the surface of said land as may be required therefor, upon compliance with the conditions and subject to the provisions and limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved to the State of California by Patent dated August 7, 1953 and Recorded September 23, 1953 in book 3246, page 65 Official Records.
This Tract No. 313 is also known as Assessor's Parcel Number 0507-091-18-0000, containing 160.00 acres, more or less.

Dkt. 1, Schedule B.

         2. The estate taken by the United States in the Subject Property is:

fee simple title to the land, subject however, to existing easements for public roads and highways, public utilities, railroads and pipelines; excepting and excluding from the taking all interests in oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits which are outstanding in parties other than the surface owners, the appurtenant rights for the exploration, development and removal of said minerals, and the right of the people to fish as reserved in the patent from the State of California.

Dkt. 1, Schedule C.

         3. Prior to the institution of this action, the Subject Property was owned by Julie Orogo Luna (aka Julie Luna Orogo), as to an undivided ¼ interest; and Fred J. Davidson (aka Fred J. Davison), a widower, James F. Davidson (aka James F. Davison) and Donna M. Davidson (aka Donna M. Davison), his wife, as their interests may appear of record, as ...


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