land is taken. Since there was a separate allocation of estimated compensation between the several tracts, the express language of the statute governs the awarding of any interest on the deficiency deposit, i.e., "and the said judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court." 40 U.S.C. § 258a.
The condemnees' second objection to the proposed deficiency judgment is that the Government's lump sum deposit of $939,906.00, made subsequent to the Commission's award, was improper because no specific allocation between the tract owners' surface interest and the fee interests of the mineral owners was made. It would appear that, although such an allocation was not made, the Government's deposit in the registry was effective under the provisions of 40 U.S.C. § 258a.
In answer to the condemnees' first objection above, it was determined that although the Government did not allocate the original deposit in the Court Registry exactly as determined by the Court in its ultimate ruling, the money which was deposited could have been withdrawn upon proper application of the parties. Prior to the Commission's award, the disputed measures of interest in the land and the proportionate interest in the deposit were matters not between the Government and the claimants, but rather between the claimants, inter se. This dispute required evidentiary proof by the claimants before the Commission and an adjudication by the Commission because of the lack of recorded evidence upon which the Declaration of Taking could be precisely and specifically based. In any event the claimants were not estopped from applying for withdrawals, as claimant Hile did, if they had desired to do so.
Thus, after the Commission's award and after the final deposit of $939,906.00, when the condemnees are not in agreement as to their respective shares of the award, the Government has no real interest or even standing to participate in such a controversy. United States v. Certain Lands in the Town of Hempstead, Nassau County, New York, 129 F.2d 918, 920, C.A. 2, 1942; City of St. Paul v. Certain Lands in the City of St. Paul, Minnesota, 48 F.2d 805, 807, C.A. 8, 1931.
The argument by the claimants that the Government should not have deposited the final award in a total amount, but should have deposited it in the proponent parts equal to each of the awards as made is without substance. The amounts were ascertainable in the award on an interest-by-interest basis, and the adding of these together by the Government and placing a lump sum in deposit did not affect or confuse the individuals' detailed awards as defined in the Commission's award. The amount for each claimant was definite and specific and every claimant could withdraw the amount of the award if he sought to do so.
Research of the law does not reveal any obligation on the part of the Government to set out the specific individual awards with individual interest accruals as contended by the claimants. 40 U.S.C. § 258a. And its totaling of the individual awards into one lump sum and depositing the required interest for the total amount was in full compliance with the Government's obligations. The proprietary rights as claimed by each of the condemnees was preserved and each could have availed himself of participation in both the principal and interest.
Accordingly, the objections to the proposed deficiency judgment will be overruled, and the proposed deficiency judgment will be affirmed.
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