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ENRD Resource Manual

27. Notice Of Condemnation

(Caption as in Complaint)

NOTICE

TO: All those persons named in Exhibit "C" attached hereto and made a part hereof.

You are hereby notified that a complaint in condemnation has heretofore been filed in the office of the Clerk of the above-named Court in an action to condemn an interest in and to the property described in __ attached hereto and made a part hereof for the public use __ .

The estate hereby taken for said public use as aforesaid is set forth in __ attached hereto and made a part hereof.

The authority for the taking is set forth in __ attached hereto and made a part hereof.

You are further notified that if you have any objection or defense to the taking of the property in which you may have or claim some interest you are required to serve upon plaintiff's attorney at the address herein designated within twenty (20) days after personal service of this notice upon you, exclusive of the date of service, an answer identifying the property in which you claim to have an interest, stating the nature and extent of the interest claimed and stating all your objections and defenses to the taking of the property. A failure so to serve an answer shall constitute a consent to the taking and to the authority of the court to proceed to hear the action and to fix the just compensation and shall constitute a waiver of all defenses and objections not so presented.

You are further notified that if you have no objection or defense to the taking you may serve upon plaintiff's attorney a notice of appearance designating the property in which you claim to be interested and thereafter you shall receive notice of all proceedings affecting the said property.

You are further notified that at the trial of the issue of just compensation, whether or not you have answered or served a notice of appearance, you may present evidence as to the amount of the compensation to be paid for the property in which you have an interest and you may share in the distribution of the award of compensation.

UNITED STATES OF AMERICA

BY

United States Attorney

N.B. Additions may be made to give notice of jury request and requests to enforce options.

[cited in JM 5-15.516; JM 5-15.550; ENRD Resource Manual 1; ENRD Resource Manual 5; ENRD Resource Manual 6; ENRD Resource Manual 8]