United States v. 133.79 ACRES OF LAND, ETC., SEBASTIAN CO., ARK., Civ. A. No. 1725.
| Decision Date | 08 June 1970 |
| Docket Number | Civ. A. No. 1725. |
| Citation | 313 F. Supp. 697 |
| Parties | UNITED STATES of America, Plaintiff, v. 133.79 ACRES OF LAND, MORE OR LESS, IN SEBASTIAN COUNTY, ARKANSAS; and Fort Smith River Development Corporation, et al., and Unknown Owners, Defendants, Garrison Furniture Company, Ballman-Cummings Furniture Company, De Soto, Inc. (successor to Ward Furniture Manufacturing Company), and W. H. Lillard, Intervenors. |
| Court | U.S. District Court — Western District of Arkansas |
Robert E. Johnson, Asst. U. S. Atty., Ft. Smith, Ark., for plaintiff.
Harper, Young & Smith, Ft. Smith, Ark., for defendants.
Bethell, Stocks, Callaway & King, Ft. Smith, Ark., for intervenors.
The issues to be considered and resolved can best be understood by setting forth the former proceedings in this case before stating the contentions of the parties.
On May 1, 1963, the plaintiff, United States of America, filed its complaint to condemn and acquire (a) a perpetual and assignable right and easement to construct, operate, and maintain channel improvement works on, over and across Tract No. 111E-1; and (b) a temporary and assignable easement and right of way for a period of five years from the date of possession to locate, construct, operate, maintain, and repair a roadway in, upon, over and across Tract No. 111E-2. It was alleged that Tract No. 111E-2 contained 0.79 acre, more or less, and Tract No. 111E-1 contained 133 acres, more or less. Six Thousand dollars was deposited by the plaintiff as estimated just compensation, and the court entered an order for delivery of possession of the property to the plaintiff.
On May 17, 1963, the defendants P. H. Hardin and wife, Claude C. Ward, Jr., and wife, John P. Hendricks and wife; Mose Smith and wife, Grant T. White, and Fort Smith River Development Corporation filed their answer in which they alleged that they were the owners of the land and that the amount deposited as estimated was "wholly insufficient and inadequate, and the fair market value of the lands taken and the rights and interests sought to be taken therein by plaintiff are worth a sum greatly in excess of the amount deposited."
On September 18, 1963, the court entered an order in which it, inter alia, stated:
In accordance with the order, the named parties were paid the said sum of $6,000 by draft dated September 18, 1963.
On November 8, 1963, the plaintiff amended its complaint by adding thereto as parties defendant the Athletic Mining and Smelting Company, Stephens Production Company and Charles H. Earl. A trial was had on April 22, 1964, to determine just compensation. On June 17, 1964, the court rendered a judgment in which it found that the land was known as Morris Island and contained a total acreage at the time of the filing of the complaint and declaration of taking of 160.50 acres. A perpetual easement was acquired on 97.35 acres designated as Tract No. 111E-1, leaving a balance of 63.15 acres on which a five-year temporary easement for a roadway of 0.79 acre was impressed, designated as Tract 111E-2. Thus, the actual remainder at the time of the taking was 62.36 acres. Just compensation was fixed at $21,246.00.
The Government appealed, and on August 3, 1965, the U. S. Court of Appeals for the Eighth Circuit reversed the judgment and remanded the case on the ground that the trial court did not fully consider the claim of the Government of special benefits conferred on the landowners by the improvement. United States v. Ft. Smith River Development Corp., (8 Cir. 1965) 349 F.2d 522. The mandate was filed August 25, 1965, and this court fixed June 14, 1966, as the date for trial. However, the case was stricken from the trial calendar and continued subject to resetting for trial at a later date.
On November 22, 1966, the intervenors filed a motion for leave to intervene as defendants and cross-claimants, in which they alleged that they were the owners of certain specifically described portions of the land involved herein. In granting leave to intervene and upon the filing of the answer and cross claim, the court entered an order in which it, inter alia, stated:
"And it appearing that the intervention of said parties raises the question of ownership of the land involved herein and it further appearing that said question of title should be determined by a proceeding in a state court and that further proceedings in this court should be stayed to allow intervenors a reasonable time in which to carry on such proceedings "IT IS, THEREFORE, ORDERED that said intervenors be and they are allowed a period of six months from this date in which to prosecute proceedings in a state court of proper jurisdiction for a determination of the title of the land involved in this cause; and"
Suit was filed in the Sebastian Chancery Court on January 19, 1967, by the intervenors herein against the defendants herein, and on December 29, 1967, the court rendered a decree finding the defendants to be the owners of the tracts, or 160.5 acres, which was appealed to the Supreme Court of Arkansas, which on January 13, 1969, reversed the decree of the Chancery Court and remanded the case for the taking of further proof necessary to the determination of legal description of that part of the land held adversely by intervenors. Upon the filing of the mandate, the Chancery Court, after a hearing as directed by the mandate, entered a decree dated February 18, 1970, in accordance with the mandate, in which it held that the intervenors were at the time of the taking the owners of certain specifically described tracts, to-wit:
Garrison Furniture Company - 20.7 acres
Ballman-Cummings Furniture Co. - 21.7 acres
DeSoto, Inc. (successor to Ward Furniture Co.) - 3.2 acres
W. H. Lillard - 16.4 acres
or a total of 62.0 acres of the total acreage in the tracts of 160.5 acres. The acreage owned by defendants was specifically described in the decree, but the number of acres was not stated. In other words, the court held that of the 160.5 acres in the two tracts, the intervenors owned 62.0 acres as above set forth and the defendants owned 98.5 acres at the time of the taking.
On February 20, 1970, two days subsequent to the entry of the final decree of the Chancery Court on the mandate of the Supreme Court, the intervenors filed their formal motion upon the stipulation dated April 3, 1968, for judgment against the plaintiff for $6,000.00 as just compensation to be paid to them by plaintiff for the taking of their interests and estates in the land. The material parts of the stipulation are as follows:
On March 9, 1970, the plaintiff filed its response to the motion for judgment, the material parts of which are as follows:
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