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United States v. An Easement And Right-of-Way Over .61 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 .61 ACRE OF LAND, MORE OR LESS, IN CLAY COUNTY, MISSISSIPPI, ANNETTE SMITH MILLER, TYRONE SMITH, JOYCE SMITH ROGERS, DENNIS SMITH, and STANLEY SMITH 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 [15] 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 Annette Smith Miller shall recover from the Plaintiff $430.00 for said Defendant's undivided 1/5th interest in the easement and right-of-way described in Attachment 2 to the Declaration of Taking [2-2].

         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 $430.00, plus any accrued interest thereon less the applicable registry fee, payable to Annette Smith Miller and to mail said check to her address on file.

         3. Defendant Tyrone Smith shall recover from the Plaintiff $430.00 for said Defendant's undivided 1/5th interest in the easement and right-of-way described in Attachment 2 to the Declaration of Taking [2-2].

         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 $430.00, plus any accrued interest thereon less the applicable registry fee, payable to Tyrone Smith and to mail said check to his address on file.

         5. Defendant Joyce Smith Rogers shall recover from the Plaintiff $430.00 for said Defendant's undivided 1/5th interest in the easement and right-of-way described in Attachment 2 to the Declaration of Taking [2-2].

         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 $430.00, plus any accrued interest thereon less the applicable registry fee, payable to Joyce Smith Rogers and to mail said check to her address on file.

         7. Defendant Dennis Smith shall recover from the Plaintiff $430.00 for said Defendant's undivided 1/5th interest in the easement and right-of-way described in Attachment 2 to the Declaration of Taking [2-2].

         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 $430.00, plus any accrued interest thereon less the applicable registry fee, payable to Dennis Smith and to mail said check to his address on file.

         9. Defendant Stanley Smith shall recover from the Plaintiff $430.00 for said Defendant's undivided 1/5th interest in the easement and right-of-way described in Attachment 2 to the Declaration of Taking [2-2].

         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 $430.00, plus any accrued interest thereon less the applicable registry fee, payable to Stanley Smith and to mail said check to his address on file.

         11. The vesting of title in the United States of America, free of all liens, claims, and encumbrances, as evidenced by the Declaration of Taking [2] filed in this action on September 22, 2017, is hereby fully and finally confirmed with respect to the easement and right-of-way described below, said ...


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