United States of America v. 269 Acres Located in Beaufort County et al
| United States of America |
| 269 Acres Located in Beaufort County, Harold E Trask, Jr, John Donald Trask, James Heide Trask, Margaret Scheper Trask, William D Trask, Jr, Sarah T Burrus, Robert Edward L Holt, III, Beaufort County Assessor, South Carolina Department of Revenue and Internal Revenue Service |
| 9:2016cv02550 |
| July 15, 2016 |
| U.S. District Court for the District of South Carolina |
| Beaufort Office |
| Beaufort |
| Richard M Gergel |
| Land Condemnation |
| 28 U.S.C. ยง 1358 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
215
ORDER AND OPINION The Landowners' motion for relief (Dkt. No. 211 ) is GRANTED IN PART and DENIED IN PART. Landowner William D. Trask, Jr. is awarded $84,757.29 in attorneys' fees and $5,428.37 in litigation expenses. The Landowners and the Government remain directed to share equally the $71,150 expense of the Commission. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/15/2020.(sshe, )
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Filing
203
ORDER AND OPINION The Landowners' motion for an award of attorneys' fees and costs (Dkt. No. 173 ) is DENIED. The Landowners' application for attorneys' fees and costs is denied, and the cost of the Commission shall be equally shared by the Government and the Landowners. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/26/2019.(sshe, )
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Filing
180
ORDER AND OPINION The Court ADOPTS IN PART and DECLINES TO ADOPT IN PART the Commission's Report (Dkt. No. 164 ) and finds the full just compensation owed to the Landowners by the Government is $4,41,410.00. The Gov ernment is ORDERED to compensate the Landowners in the amount of $3,350,000.00, in addition to the $1,091,000.00 previously deposited in to the Court. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/2/2019.(sshe, )
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Filing
164
FINAL DETERMINATION OF JUST COMPENSATION AND RECOMMENDATIONS BY THE COMMISSION THE COMMISSION MAKES THE FINAL DETERMINATION OF JUSTCOMPENSATION AS FOLLOWS: See Order for All Details. The Government should pay Five Million, Thr ee Hundred Eleven Thousand, Three Hundred Thirteen ($5,311,313.00) Dollars as the total award of just compensation less the drawdown of One Million Ninety One Thousand ($1,091,000.00), or a net award of Four Million, Two Hundred Twenty Thou sand, Three Hundred Thirteen ($4,220,313.00) Dollars; IN ADDITION, THE COMMISSION RESPECTFULLY MAKES THE FOLLOWING RECOMMENDATIONS: (1) That the Government pay the lawful amount of interest on the net award of just compensation from July 15, 201 6 to the date of entry of judgment by the U.S. District Court; and (2) That U.S. District Judge Richard Mark Gergel conduct an evidentiary hearing with the purpose of awarding attorney's fees and costs to the Landowners, including the costsassoc iated with the trial before the Commission, as the Commission finds the Government's position was not substantially justified and the circumstances entitle the Landowners to an award of attorney's fees and costs. IT IS SO ORDERED. Submitted and Signed by Stephen A. Spitz, Head Commissioner, Jean H. Toal, Commissioner, Alan J. Reyner, Commissioner on 3/14/2019. (sshe, )
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Filing
80
ORDER AND OPINION denying 75 Government's Motion to Exclude xpert testimony from Gregg Ness. Defendant is ORDERED to produce a proper Rule 26(a)(2)(C) report for Mr. Ness within seven days of the date of this Order. The Court further ORDERS that the Government may depose Mr. Ness as an expert witness by February 9, 2018. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/24/2018.(sshe, )
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Filing
59
ORDER AND OPINION denying 50 the Government's Motion to Strike Defendants' supplemental expert report and supplemental answers to interrogatories. The Court denies the motion and will issue a new scheduling order e xtending certain deadlines. The Court further ORDERS that the Government may depose the identified Southern Current representative before September 1, 2017, that the Government may re-depose Thomas H. Hartnett before September 1, 2017, and that the Government may provide a revised rebuttal report from Haywood F. Newkirk on or before September 15, 2017. An amended scheduling order will issue. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/1/2017.(sshe, )
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