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United States ex rel. Tennessee Valley Authority v. An Easement and Right-of-Way Over 0.03 Acre of Land

United States District Court, N.D. Mississippi, Aberdeen Division

January 17, 2019

UNITED STATES OF AMERICA ex rel. TENNESSEE VALLEY AUTHORITY PLAINTIFF
v.
AN EASEMENT AND RIGHT-OF-WAY OVER 0.03 ACRE OF LAND, MORE OR LESS, IN OKTIBBEHA COUNTY, MISSISSIPPI, and WILLIE DEAN MCGEE ET AL. DEFENDANTS

          SUMMARY JUDGMENT AND ORDER DISBURSING FUNDS

         For the reasons set forth in the memorandum opinion issued this day, the Court ORDERS that the United States motion for summary judgment (Doc. 32) is GRANTED. The Court finds that $1, 000 is fair and just compensation for the easement and right of way acquired by the United States in this action.

         It is further ORDERED that:

         1. Defendant Willie Morris Smith, Jr. shall recover from the Plaintiff $71.43 for said Defendant's undivided l/14th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking (Doc. 2-1).

         2. The Clerk of this Court is authorized and directed to draw a check on the funds deposited in the registry of this Court in this action in the amount of $71.43, plus any accrued interest thereon less the applicable registry fee, payable to Willie Morris Smith, Jr. and to mail said check to his address on file.

         3. Defendant Betty Jean Hogan shall recover from the Plaintiff $71.43 for said Defendant's undivided 1/14th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking (Doc. 2-1).

         4. The Clerk of this Court is authorized and directed to draw a check on the funds deposited in the registry of this Court in this action in the amount of $71.43, plus any accrued interest thereon less the applicable registry fee, payable to Betty Jean Hogan and to mail said check to her address on file.

         5. Defendant Helen Jean Smith shall recover from the Plaintiff $71.43 for said Defendant's undivided 1/14th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking (Doc. 2-1).

         6. The Clerk of this Court is authorized and directed to draw a check on the funds deposited in the registry of this Court in this action in the amount of $71.43, plus any accrued interest thereon less the applicable registry fee, payable to Helen Jean Smith, and to mail said check to her address on file.

         7. Defendant Wilbert Kent Johnson shall recover from the Plaintiff $71.43 for said Defendant's undivided l/14th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking (Doc. 2-1).

         8. The Clerk of this Court is authorized and directed to draw a check on the funds deposited in the registry of this Court in this action in the amount of $71.43, plus any accrued interest thereon less the applicable registry fee, payable to Wilbert Kent Johnson. and to mail said check to his address on file.

         9. Defendant Stanley Johnson shall recover from the Plaintiff $71.43 for said Defendant's undivided 1/14th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking (Doc. 2-1).

         10. The Clerk of this Court is authorized and directed to draw a check on the funds deposited in the registry of this Court in this action in the amount of $71.43, plus any accrued interest thereon less the applicable registry fee, payable to Stanley Johnson and to mail said check to his address on file.

         11. Defendant Mary Ann Island shall recover from the Plaintiff $71.43 for said Defendant's undivided 1/14th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking (Doc. 2-1).

         12. The Clerk of this Court is authorized and directed to draw a check on the funds deposited in the registry of this Court in this action in the amount of $71.43, plus any accrued interest thereon less the applicable registry fee, payable ...


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