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United States v. An Easement and Right-of -Way Over .14 Acre of Land

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

March 4, 2019

UNITED STATES OF AMERICA upon the relation and for the use of the TENNESSEE VALLEY AUTHORITY PLAINTIFF
v.
AN EASEMENT AND RIGHT-OF-WAY OVER .14 ACRE OF LAND, MORE OR LESS IN OKTIBBEHA COUNTY, MISSISSIPPI, and LYDIA RANDLE, et al. DEFENDANTS

          SUMMARY JUDGMENT AND ORDER DISBURSING FUNDS

          SHARION AYCOCK, UNITED STATES DISTRICT JUDGE.

         For the reasons set forth in the memorandum opinion issued this day, the Court ORDERS that the United States' Motion [27] for Summary Judgment is GRANTED. The Court finds that $950 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 Daniel James Sharp shall recover from the Plaintiff $118.75 for said Defendant's 1/8th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking [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 $118.75, plus any accrued interest thereon less the applicable registry fee, payable to Daniel James Sharp and to mail said check to his address on file.

         3. Defendant Lou Marie Randle shall recover from the Plaintiff $118.75 for said Defendant's 1/8th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking [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 $118.75, plus any accrued interest thereon less the applicable registry fee, payable to Lou Marie Randle and to mail said check to her address on file.

         5. Defendant A.B. Sharp shall recover from the Plaintiff $118.75 for said Defendant's 1/8th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking [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 $118.75, plus any accrued interest thereon less the applicable registry fee, payable to A.B. Sharp and to mail said check to his or her address on file.

         7. Defendant Cheryl Tennial shall recover from the Plaintiff $39.59 for said Defendant's 1/24th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking [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 $39.59, plus any accrued interest thereon less the applicable registry fee, payable to Cheryl Tennial and to mail said check to her address on file.

         9. Defendant Carrie J. Webster shall recover from the Plaintiff $39.59 for said Defendant's 1/24th interest in the easement and right-of-way described in Attachment 1 to the Declaration of Taking [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 $39.59, plus any accrued interest thereon less the applicable registry fee, payable to Carrie J. Webster and to mail said check to her address on file.

         11. Defendant Marcus Harrell shall recover from the Plaintiff $39.59 for said Defendant's 1/24th interest in the easement and right-of-way described in ...


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