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United States of America v. 137

December 1, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
137,779 RENTABLE SQUARE FEET OF SPACE WITH 636 PARKING SPACES MORE OR LESS, AT 16320 N.W. 2ND AVENUE, MIAMI, FLORIDA, AND G.K.K., A PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP, ET AL DEFENDANTS.



AGREED ORDER FOR DIRECT PAYMENT OF ESTIMATED JUST COMPENSATION

UPON CONSIDERATION of the Joint Motion for Direct Payment of Estimated Just Compensation to Defendant [D.E. 11] filed by Plaintiff, United States of America, and Defendant, G.K.K. a Partnership (hereinafter referred to as "Defendant"), Plaintiff's Notice of Filing Memorandum [D.E. 17], and oral argument at the hearing held before the Court on November 29, 2011, the Court hereby finds that:*fn1

1. Plaintiff, the United States has filed a Complaint in Condemnation and Declaration of Taking in the above-styled case;

2. At or near the time of filing of the Declaration of Taking, Plaintiff deposited into the Registry of this Court the amount of $264,263.97 as estimated just compensation for the property or interest in property taken, thereby vesting title to the estate condemned in the United States; 40 U.S.C. § 3114(b);

3. Plaintiff is required to make monthly payments in the amount of $264,263.97 as estimated just compensation for the property or interest in property taken, as described in the Declaration of Taking;

4. It is less burdensome on both the parties and the Court to have these continuing monthly payments made by electronic transfer from Plaintiff directly to Defendant;*fn2

5. In this action, Defendants contend that the estimated monthly payments are insufficient to provide just compensation for the property taken;*fn3

6. Defendant has warranted that at the time of the filing of the Declaration of Taking, it was the owner of the interest taken by the United States, which is more particularly described in the Declaration of Taking;

7. Defendant has warranted that it has the exclusive right to the estimated just compensation payments described herein, after payment of unpaid real estate taxes and assessments, if any, and that no other party is entitled to the same or part thereof by reason of any unrecorded agreement;

8. Defendant has warranted that there are no liens or other encumbrances on the subject property;

9. While Plaintiff, United States of America, agrees to make the monthly payments directly to Defendant, Plaintiff takes no position as to who is entitled to distribution of the funds in this particular case.

IT IS HEREBY ORDERED THAT:

10. The Joint Motion for Direct Payment of Estimated Just Compensation to Defendant filed by Plaintiff and Defendant is GRANTED, subject to the following:

A. If the final award exceeds the amount of the estimated just compensation paid, the amount paid to applicant, including any sums paid there from to others for taxes, liens and encumbrances, shall be partial payment of the final award;

B. If it is finally determined that applicant is not entitled to receive said estimated just compensation, or any part thereof, applicant agrees to refund into the Registry of this Court said sum paid to applicant, or such part thereof as the Court may direct, with interest at the rate of 52-week Treasury Bills, calculated in accordance with the provisions of 40 U.S.C. ยง 3116 from the date of disbursal ...


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