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