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6.

Procedures in Filing Complaints in Condemnation

After all the documents listed in the ENRD Resource Manual at 5 are prepared, the U.S. Attorney should:

  1. File the complaint (see ENRD Resource Manual at 24 or 25) and the declaration of taking, if one has been furnished;

  2. In cases where a declaration of taking is filed, deposit the check for the estimated just compensation in the registry of the court, and have the clerk execute the clerk's receipt in duplicate;

  3. When requested, file a motion for order for delivery of possession (see ENRD Resource Manual at 35) and present an order for delivery of possession (see ENRD Resource Manual at 44) to the court as soon as possible (depending upon local practice and the circumstances of a given case, a hearing on such a motion, after notice and service, may be required, especially where the condemned tract is not vacant land);

  4. Deliver to the clerk, or hand to the United States Marshal (depending on local practice), a notice of condemnation, see ENRD Resource Manual at 27, or for each defendant unless he/she has executed a waiver of service, seeENRD Manual at 52 (Two copies of each such notice will be required; one copy for service on the defendant and one copy which the United States Marshal will make his/her return.);

  5. Record in the local land records the lis pendens , a copy of the declaration of taking or a copy of the judgment on declaration of taking, as provided in USAM 5-15.524;

  6. If an order for delivery of possession (ENRD Manual at 44) has been entered, hand two certified copies of such order for each defendant to the U.S. Marshal, one for personal service and the other for the Marshal's return;

  7. If a declaration of taking has been filed, mail a form letter (see ENRD Resource Manual at 28) to each defendant.

[cited in USAM 5-15.522]