Judge Tena Campbell – Motion to remand granted against Truman Madsen

2006 U.S. Dist. LEXIS 57121

CENTRAL UTAH WATER CONSERVANCY DISTRICT, a Water Conservancy District, Plaintiff, vs. TRUMAN G. MADSEN and ANN N. MADSEN, Defendants.

Judge Tena Campbell

8/14/2006

The Madsens don’t get to stay in federal court. Yes, this is THE Truman Madsen.

Plaintiff Central Utah Water Conservancy District (”CUWCD”) initiated this action in the Eighth District Court of the State of Utah, seeking condemnation of property owned by Truman G. and Ann N. Madsen. CUWCD alleges that condemnation of the Madsens’ property is necessary to effectuate an expansion of the Big Sand Wash Dam and Reservoir in Duchesne County, Utah.

The Madsens removed the action to this court, arguing that federal agencies are real parties in interest and that CUWCD is pursuing the condemnation as the alter ego of the United States Bureau of Reclamation, all in an effort to circumvent the necessity of congressional approval. Shortly after removal, CUWCD filed a motion seeking a remand to state court due to lack of federal jurisdictions. The Madsens did not sufficiently shown that this court has subject-matter jurisdiction over the complaint.

Accordingly, CUWCD’s motion to remand was GRANTED.

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