US Attorneys > USAM > Title 5 > ENRD Resource Manual
prev | next

31.

Stipulation and Joint Motion to Dismiss

(Caption as in Complaint)

STIPULATION AND JOINT MOTION TO DISMISS __ AS TO TRACT(S) NO(S).

Whereas plaintiff, United States of America, and defendant(s), stipulate and agree as follows:

  1. The interests included in Tract(s) No(s). __ in the above proceeding are no longer required by the plaintiff.

  2. No Declaration of Taking has been filed in this suit and title to the estate described in the Complaint filed herein has not vested in the United States of America.

  3. An order of this Court previously has been entered giving plaintiff possession of the land and estate described in the Complaint; however, the United States has not taken actual possession of the property of said defendant(s), and the plaintiff and defendant(s) stipulate and agree that the Court may vacate such order of possession as to Tract(s) No(s). __ and any other order giving plaintiff possession or an interest in said tract(s).

  4. There are no existing claims for compensation with respect to said tract(s) of land.

Therefore, plaintiff and defendant(s) agree that this proceeding should be dismissed and defendant(s) hereby consent(s) to the entry by the Court of all orders, judgments and decrees necessary and appropriate to effectuate this stipulation and agreement without further notice to said defendant(s).

Wherefore, premises considered, plaintiff, United States of America, and , defendant(s) in Tract(s) No(s). __ in the above-styled and numbered cause, move that the order of possession entered in such cause as to Tract(s) No(s). __ be vacated; __ and that the Court enter an order of dismissal as to said tract(s) in this proceeding, on which motion plaintiff and defendant(s) pray for judgment of the Court.

Dated this __ day of , 19__.

United States Attorney

Defendant

Defendant

[cited in USAM 5-15.650; ENRD Resource Manual 10]