Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 192.019 Acres of Land, et al., 13 Defendants. 14 15 16 17 18 13.845 Acres of Land, et al. 19 20 Defendants. 21 22 23 24 25 26 27 28
Case 2:03-cv-02006-SRB Document 165 Filed 11/01/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

United States of America, Plaintiff, vs.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. CV03-2006-PHX-SRB No. CV03-2007-PHX-SRB ORDER

After the jury returned its verdicts on these cases tried together to a jury on August 15, 16, 17, 18, 2006, the Government submitted proposed forms of judgment in both cases. Defendants filed identical objections to the proposed forms of judgment. The objections are

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limited to the failure of the proposed forms of judgment to award interest on the amounts previously withdrawn by the landowners. Plaintiff has filed a response to the objections. IT IS ORDERED overruling Defendants' objections to the proposed form of judgment in both cases. The Declaration of Taking Act, 40 U.S.C. § 3114(c)(1) requires that judgment include interest on the amount finally awarded as the value of the property but that interest in not allowed on the amount that had been paid into the Court. Defendants seek interest on the amounts previously paid into the Court based upon a case law exception to the provisions of 40 U.S.C. § 3114(c)(1), requiring the Government to pay interest when it affirmatively acts to delay the withdrawal of the amounts previously paid into the Court after the landowner's disbursement motion is filed. See, United States v. 50.50 Acres of Land, 931 F.2d 1349, 1353 (9th Cir. 1999). In reviewing the events that took place between the filing of the eminent domain action and the deposit by the United States, service on the Defendants and the claims made, the Court finds no undue delay caused by the Government in the disbursement of the funds to Defendants in this case. Therefore, no interest shall be allowed on the amounts paid into the Court that were earlier disbursed to the Defendants. IT IS FURTHER ORDERED approving the proposed forms of judgment submitted by Plaintiff.

DATED this 1st day of November, 2006.

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