United States District Court, E.D. Louisiana
ORDER AND REASONS
ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE.
IS HEREBY ORDERED that the United States of
America's Motion for Determination of Title and to
Determine Just Compensation (Doc. #33) is
IS FURTHER ORDERED that prior to title vesting in
the United States of America, ownership of the property was
held in equal parts by the Estate of Edward Tullier, Sr. and
the Estate of Caliste Degrue Tullier a/k/a Calist Degruy.
Should a succession be opened for either of the deceased, an
appropriate representative of either estate may apply to
withdraw the funds from the court's registry at that
IS FURTHER ORDERED that the just compensation for
the taking of Tract 224E, payable by the United States to the
defendants/claimants, is the sum of $5, 600.
IS FURTHER ORDERED that the United States of America
will submit a proposed judgment consistent with this Order
and Reasons within 21 days of the date of this Order and
matter is before the court on the United States's motion
for determination of title and just compensation.
14, 2016, the United States filed this action condemning
0.085 acres of land in Plaquemines Parish, Louisiana
("Tract 224E") for the public use of flood
protection. Thereafter, the United States deposited $5, 600
into the court's registry, at which time title vested in
the United States.
United States has identified the estates and persons that may
have an ownership interest in Tract 224E. The property was
purchased by Edward Tullier, Sr. and his wife, Caliste Dugre
Tullier a/k/a Calist Degruy by Act of Cash Sale in 1931. Both
Mr. and Mrs. Edward Tullier, Sr. died intestate, and were
believed to have had five children. Many of the Tullier's
children, as well as at least four of their grandchildren and
two of their great-grandchildren, died intestate. No
successions have been opened for either Edward Tullier, Sr.
or Caliste Degrue Tullier, and the United States was not able
to obtain Affidavits of Death and Heirship.
the United States served notice of condemnation on the party
defendants/claimants, the United States was contacted by an
attorney for three of the Tullier's great-grandchildren,
who provided a Judgment of Possession entered into the
succession of their mother, Lois Cognevich Lee, who had been
named in this proceeding. On April 20, 2017, the United
States moved to add Paula Jane Lee Broussard, Jo Ellen Lee
and Janet Lee Vullo to the action. The court granted the
the United States was contacted by another purported heir of
Edward Tullier, Sr. This purported heir indicated that Edward
Tullier, Sr. had two additional children with his second wife
and that their estates and intestate heirs should have been
named in this proceeding. On November 15, 2017, the United
States moved to add nine additional parties that might claim
an interest in Edward Tullier, Sr.'s estate. the court
granted the motion.
are no recorded instruments that link any of the purported
heirs of Edward Tullier, Sr. and/or Caliste Degrue Tullier to
either of their respective estates. Thus, the title
contractor presented evidence that a 50% interest in Tract
224E belongs to the "Heirs of Edward Tullier, Sr."
and the remaining 50% interest belongs to the "Heirs of
Caliste Degrue Tullier."
to filing this civil action, the United States obtained a
trial appraisal of Tract 224E that estimated the fair ...