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United States v. 20 Acres of Land

United States District Court, C.D. California

October 8, 2019

UNITED STATES OF AMERICA, PLAINTIFF,
v.
20 ACRES OF LAND, MORE OR LESS, SITUATE IN SAN BERNARDINO COUNTY, CALIFORNIA, JACK T. HOLMES AND PATTY HOLMES, et al, DEFENDANTS.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          HON. R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE

         Before the Court is the United States' Unopposed Motion for a Determination of Just Compensation and Title, Entry of Stipulation as to Just Compensation, Transfer of Possession, and Entry of Judgment. Evidence submitted to the Court establishes that the title owners of the property subject to this condemnation proceeding (the "Subject Property"), as of the date of taking, were Jack T. and Patty Holmes, husband and wife, as joint tenants, as to an undivided one-half interest, and Vicki Uleman, as sole known heir to Richard Primeaux, as to a one-half interest. Having considered the motion and the evidence before the Court, the Court makes the following findings of fact:

         1. The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1358.

         2. This is an eminent domain action brought pursuant to 40 U.S.C. §§ 3113 and 3114 to acquire twenty acres of vacant desert land, as well as easements over neighboring parcels, in San Bernardino County, California.

         3. As evidenced by a Grant Deed, recorded on May 5, 1966, at Book 6620, Page 947 of San Bernardino records, Exhibit A to the United States' Memorandum in Support of Unopposed Motion for a Determination of Just Compensation and Title, Entry of Stipulation as to Just Compensation, Transfer of Possession, and Entry of Judgment, Jack T. Holmes and Patty Holmes, husband and wife, as joint tenants, are the owners of an undivided one-half interest in the Subject Property.

         4. As evidenced by Grant Deed, recorded on May 5, 1966, at Book 6620, Page 947 of San Bernardino records, Exhibit A to the Memorandum in Support of Unopposed Motion for a Determination of Just Compensation and Title, Entry of Stipulation as to Just Compensation, Transfer of Possession, and Entry of Judgment, Richard Primeaux was the owner of a one-half interest in the Subject Property. Mr. Primeaux died intestate in 2004, leaving one heir-his daughter, Vicki Uleman. Mr. Primeaux's estate has not been probated; thus, title to his interest in the Subject Property has never passed to Ms. Uleman. As Mr. Primeaux's sole known heir, Ms. Uleman is the owner of a one-half interest in the Subject Property. 5. Other parties who have or may claim an interest in the parcels are as follows:

a. Unknown heirs of Richard Primeaux
b. Chicago Title Company, as successor in interest to Title Insurance and Trust Company
c. Unknown heirs of Dewey S. Butler and Verona D. Butler, husband and wife, as joint tenants
d. San Bernardino County Auditor-Controller/Treasurer/Tax Collector, as taxing authority
e. Richard Olhoffer 6. The United States negotiated with Jack T. Holmes, Patty Holmes, and Vicki Uleman and came to an agreement that just compensation for the Subject Property is $8, 000.

         7. The United States filed this action to acquire the Subject Property, thereby clearing title and allowing payment to the landowners.

         8. Jack T. Holmes and Patty Holmes waived ...


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