United States v. 47.21 ACRES OF LAND, ETC., 296.
| Citation | 48 F. Supp. 73 |
| Decision Date | 06 January 1943 |
| Docket Number | No. 296.,296. |
| Court | U.S. District Court — Western District of Kentucky |
| Parties | UNITED STATES v. 47.21 ACRES OF LAND, PARCEL NO. 5, et al. |
Eli H. Brown, III, U. S. Atty., of Louisville, Ky., for plaintiff.
Doolan, Helm, Stites & Wood, of Louisville, Ky., for defendants.
This proceeding to condemn real estate owned by the defendants was filed on May 16, 1941. Possession was taken by the Government under its declaration of taking filed at the same time. Due to unusual circumstances the award of the jury was greatly in excess of the amount paid into court under the declaration of taking, after taking credit for a lien claimed by the Government against the land being condemned. Following the jury's award judgment was entered on February 25, 1942, ordering the Government to deposit into the registry of the court the additional sum of $11,808.95. This judgment also provided that no motion and order of distribution of the amount to be deposited be made until there was a final determination in another action pending in the same court between the same parties in which the United States was seeking to establish and enforce a lien against the land which was being condemned. On June 18, 1942, the United States paid into court the sum of $11,808.95. On September 30, 1942, the landowners made written application to withdraw $9500 and distribution of that amount was ordered as of that date. On October 15, 1942, judgment was entered in the other action which gave the United States a lien against the land being condemned but in a much smaller amount than claimed. On November 7, 1942, the landowners, having satisfied the lien claim of the United States in other ways, made written application to withdraw the remaining portion of the award and an order was entered to that effect. On November 2, 1942, a supplemental judgment was entered ordering the United States to pay into court the sum of $773.48 representing 6% interest on the amount paid into court on June 18, 1942, from May 16, 1941, when possession was taken to June 18, 1942, the date of payment. The landowners have now moved for the entry of a supplemental judgment awarding them interest on the $11,808.95 paid in on June 18, 1942, from that date to its withdrawal by them pursuant to the two applications of September 30, 1942 and November 7, 1942.
The matter is controlled by the provisions of Section 258a, Title 40 U.S. C.A., which provide that 6% interest on the amount finally awarded...
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