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ENRD Resource Manual 61. Form OBD-43—Proposed Settlement Of The Government's Liability

61.

Form OBD-43—Proposed Settlement of the Government's Liability




FORM OBD-43 U.S. Department of Justice
MAY 80

PROPOSED SETTLEMENT OF THE

GOVERNMENT'S LIABILITY

Date:
DJ file no.:
Civil No.:
The following information is submitted (in triplicate) in connection with the proposed settlement of the Government's liability in condemnation proceeding noted.

Tract No(s).:

Project:

Agency:

TO:
ASSISTANT ATTORNEY GENERAL, LAND AND NATURAL RESOURCES DIVISION

FROM:

________________________________
United States Attorney
___________________
District
________________________________
Assistant United States Attorney
___________________
City

SUMMARY OF OFFER

1. Offer (inclusive of interest - where revestment or removal of improvements is involved explain and give market and/or salvage value.):

2. Former Owner(s):

3. Landowners' Attorney:

4. Estate Condemned:

5. Interests and Estate included in Offer (When offer does not include all interests, give details and justification.):
6. Deposit: 7. Percent increase over Government's proposed high testimony: 8. In event of trial and a deficiency, interest runs from:

DESCRIPTION OF LAND

9. Date Complaint filed:
10. Date Declaration of Taking-filed: 12. Use to which property was devoted:
11. Date Government granted possession: 13. Highest and best use:
14. General location: 15. Number of acres:

Taken:

Remaining: _________

Total:

16. Nature of improvements:

17. VALUATION SUMMARY

Goverenment appraisers ........................................ _____________ _____________ _____________
Amount of appraisal ............................................ $ _____________ $ _____________ $ _____________
    Appraisal breakdown:

    Value of land taken ....................................... $ _____________ $ _____________ $ _____________

    Value of improvements taken .................................. $ _____________ $ _____________ $ _____________

    Severance estimate .................................. $ _____________ $ _____________ $ _____________

    Offsetting benefits, if any .................................. $ _____________ $ _____________ $ _____________

18. Owners' appraisal:

19. Owners' claim:

20. Setting or anticipated trial date: 21. Indicate type of trial expected (court) (jury) (commission):


22. Deadline on acceptance of offer, if any:

23. Local represenative of acquiring agency recommends (accepance) (rejection).
(Attach all agency recommendations,):

24. Unusual legal or factual issues, if any:
(Explain in detail)

APPRAISALS
25. The following appraisals are attached:

26. Appraisers ho would be used as witnesses in event of trial:
(If any appraiser will not be used as a witness, explain reasons.)

RECOMMENDATION OF UNITED STATES ATTORNEY

I recommend that the proposed settelement be (accepted) (rejected). A statement of my reasons for such recommendation is as follows:

_______________
Date

__________________________
United States Attorney

Updated February 19, 2015