Free Joint Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00718-ECH

Document 88

Filed 07/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) RON AND BETTY BLENDU, et al., ) ) Plaintiffs, ) No. 01-718 L v. ) ) Judge Emily C. Hewitt UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) JOINT STATUS REPORT Pursuant to the Case Management Plan ("CMP") set forth in the Court's Order of June 3, 2008 (Doc. 81), the parties file this joint status report to inform the Court of the progress made pursuant to the CMP. As previously reported, the parties have completed Steps 2 and 3 of the CMP. With respect to Step 4 of the CMP, Plaintiffs have provided Defendant with tax maps and other maps showing the location of each Plaintiffs' property. These maps and other information provided by Plaintiffs also contain parcel identification numbers. Based on a review of this information, the parties have been able to identify the outer boundaries of each Plaintiffs' property, and the location of the right of way as it traverses or abuts those properties. Step 5 of the CMP provides that "the parties will identify those segments of the right-ofway for which liability has been determined in this case. The parties will also determine the land area of the right-of-way, the per acre land value for each liability segment based on the UP Appraisal, and the value of the acreage segments for the subject parcels, exclusive of any severance damages), based on the UP Appraisal." With the exception of the claim of Plaintiff

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Case 1:01-cv-00718-ECH

Document 88

Filed 07/18/2008

Page 2 of 3

Evelyn Snider, the parties have made an initial determination of each of these factors for the remaining Plaintiffs. Those initial determinations are based on some assumptions that will require further confirmation as the parties proceed through Step 6, but the parties will make adjustments to their acreage determinations and the corresponding per acre value to the extent additional information shows that such adjustments are necessary. With respect to the claim of Evelyn Snider, the parties have identified the location of the right of way deemed to be an easement and which would be subject to this Court's liability order. Upon review of the maps and title documentation relating to this claim, however, Defendant has raised some questions about the extent of Ms. Snider's ownership in property abutting or traversed by the subject right of way on the date of taking, if any. The parties are working cooperatively to review the available information regarding Ms. Snider's claim and will continue to discuss the title issues raised by that information as they proceed with Step 6. In accordance with the CMP, the parties are proceeding to Step 6 of the CMP and will file another joint status report to report their progress on or before September 17, 2008. // // // // // // // // 2

Case 1:01-cv-00718-ECH

Document 88

Filed 07/18/2008

Page 3 of 3

Dated: July 18, 2008

Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division s/ Cecilia Fex CECILIA FEX ACKERSON KAUFFMAN FEX , PC 1250 H Street, N.W., Suite 850 Washington, DC 20006 TEL: (202) 833-8833 FAX: (202) 833-8831 E-MAIL: [email protected] Attorney of Record for Plaintiffs LARY C. WALKER WALKER LAW OFFICE 232 East Main Post Office Box 828 Weiser, ID 83672 TEL: (208) 414-0390 FAX: (208) 414-0404 E-MAIL: [email protected] Of Counsel for Plaintiffs s/ Kristine S. Tardiff KRISTINE S. TARDIFF United States Department of Justice Environment & Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 TEL: (603) 230-2583 FAX: (603) 225-1577 E-MAIL: [email protected] Attorney of Record for Defendant

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