Free Stipulation - District Court of Federal Claims - federal

Case 1:01-cv-00718-ECH

Document 37

Filed 02/05/2007

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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. ) __________________________________________) SECOND SET OF STIPULATIONS REGARDING TITLE MATTERS The parties hereby stipulate to the following title-related matters for the properties at issue in this litigation. These stipulations are in addition to the title stipulations contained in the parties' Stipulations Regarding Title Matters, which was filed on January 22, 2007 (Doc. 35), and contains stipulation numbers 1 through 37. The additional stipulations set forth below are expressly based on facts and information available and known to the parties at this time, and are subject to modification or revocation by either party should additional factual information come to light that affects the accuracy of these stipulations. As with the parties' prior title stipulations, these additional stipulations are based in part on the decisions in the related case of Hash v. United States, No. CV-99-324-S-MHW (D. Idaho), which is discussed in more detail in the parties' Stipulations Regarding Title Matters (Doc. 35). As set forth in the parties' Stipulations Regarding Title Matters (Doc. 35), the parties agree that if the Hash court's interpretation of the deeds at issue there and in this case is challenged and reversed on appeal while this case is still pending, then either party may seek to be relieved of the stipulations herein on the ground that there has been an intervening change in applicable Idaho law. 1

Case 1:01-cv-00718-ECH

Document 37

Filed 02/05/2007

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Stipulations Applicable to Plaintiff Twila Harrison 38. On December 28, 1995, Plaintiff Twila Harrison was the owner of certain real property located in Washington County, Idaho. Portions of this property abut or are traversed by the subject right-of-way. Harrison's predecessors-in-title include George W. Hoffstatter. 39. On November 20, 1899, George W. Hoffstatter conveyed a strip of land in Washington County, Idaho to the Pacific and Idaho Northern Railway Company by a quitclaim deed (the "Hoffstatter deed"). The Hoffstatter deed, which is attached hereto as Exhibit 13, was recorded in Washington County, Idaho at Book 10, Page 403.1 40. The Hoffstatter deed was included in Hash deed category 6. The deeds in category 6 were held by the district court to convey fee simple title to the Railroad. 2006 Mem. Decision at 14-15 (Ex. 2). Under Idaho law, as interpreted and applied in Hash, the Hoffstatter deed conveyed fee simple title to the strip of land described therein to the Railroad. // // // // //

Exhibits 1 through 12 are included in the parties' Appendix of Joint Exhibits filed with their Stipulations Regarding Title Matters (Doc. 35). 2

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Case 1:01-cv-00718-ECH

Document 37

Filed 02/05/2007

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Dated: February 5, 2007 Respectfully submitted, MATTHEW J. MCKEOWN Acting Assistant Attorney General Environment & Natural Resources Division s/ Lary C. Walker 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] Attorney 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 for Defendant

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