Naval Government of Guam v. 150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands et al

Justia Dockets & Filings Ninth Circuit Guam District Court Naval Government of Guam v. 150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands et al

Naval Government of Guam v. 150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands et al

Plaintiff:	Naval Government of Guam
Defendant:	150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands and Juan Pangelinan
Claimant:	Jesus S.N. Quintanilla
Case Number:	1:2050cv00036
Court:	US District Court for the District of Guam
Office:	Hagatna Office
County:	Guam
Presiding Judge:	Ramona V. Manglona
Nature of Suit:	Land Condemnation
Cause of Action:	28 U.S.C. § 1358
Jury Demanded By:	None

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Date Filed	Document Text
February 22, 2018	Filing 126 Order adopting in part 118 Report and Recommendations; denying 119 Objection to Report and Recommendation; Order re: 115 Request re Which Map Should Be used for CC 36-50, Exhibit A or Exhibit B, 10107. The Court finds that Map 10107 B was a draft used during the condemnation proceedings in Civil Case No. 36-50. However, it was not used to finalize who was entitled to compensation and because it is a draft, the DLM and ALC are not required to record it. Map 10107 A was not used as part o f Civil Case No. 36-50, but accurately reflects the metes and bounds set forth in that case. It is therefore not erroneous for the DLM and ALC to rely on Map 10107 A because it correctly outlines the properties taken in Civil Case No. 36-50. To the extent that the objections also apply to the determination of who was entitled to compensation, the Court finds the Recommendations of the Magistrate Judge to be supported by the record and adopts all of the recommended findings except for number 7. Although this Court agrees that Map 10107 A reflects the determinations of the properties and owners of those properties taken for the use of the AV-Gas Tank Farm or Parcel 3, it was not in its completed form at the time the determination was made. Signed by Chief Judge Ramona V. Manglona on 2/22/2018. (fad, )

Date Filed

Document Text

February 22, 2018

Filing 126 Order adopting in part 118 Report and Recommendations; denying 119 Objection to Report and Recommendation; Order re: 115 Request re Which Map Should Be used for CC 36-50, Exhibit A or Exhibit B, 10107. The Court finds that Map 10107 B was a draft used during the condemnation proceedings in Civil Case No. 36-50. However, it was not used to finalize who was entitled to compensation and because it is a draft, the DLM and ALC are not required to record it. Map 10107 A was not used as part o f Civil Case No. 36-50, but accurately reflects the metes and bounds set forth in that case. It is therefore not erroneous for the DLM and ALC to rely on Map 10107 A because it correctly outlines the properties taken in Civil Case No. 36-50. To the extent that the objections also apply to the determination of who was entitled to compensation, the Court finds the Recommendations of the Magistrate Judge to be supported by the record and adopts all of the recommended findings except for number 7. Although this Court agrees that Map 10107 A reflects the determinations of the properties and owners of those properties taken for the use of the AV-Gas Tank Farm or Parcel 3, it was not in its completed form at the time the determination was made. Signed by Chief Judge Ramona V. Manglona on 2/22/2018. (fad, )

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Search for this case: Naval Government of Guam v. 150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands et al
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Plaintiff: Naval Government of Guam
Represented By:	Mikel W. Schwab
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Defendant: 150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands
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Defendant: Juan Pangelinan
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Claimant: Jesus S.N. Quintanilla
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