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32. Application for Withdrawal of Funds

(Caption as in Complaint)

APPLICATION FOR WITHDRAWAL OF ESTIMATED COMPENSATION AS TO TRACT NO.

Thereinafter referred to as applicant, whether one or more, shows the Court:

  1. At the time of the filing of the Declaration of Taking in this cause (s)he was the owner of (or the owner of an estate or interest in) Tract No. , more particularly described in the Declaration of Taking hereinbefore mentioned;

  2. Said Declaration of Taking included the above-mentioned tract of land, subject to the exceptions noted therein, and the sum of $ was deposited in the registry of the Court as estimated compensation for the taking thereof;

  3. (S)he is entitled to receive said deposit, no part or portion thereof has been paid to him/her, and the entire amount thereof remains in the registry of this Court, except:

  4. (S)he was the owner of an interest or estate in said tract of land on the date of taking, as follows:

  5. Applicant prays the Court to order the disbursement of $ of said deposit to him/her, subject to the following conditions:

    1. That out of said deposit all valid taxes, liens and encumbrances first shall be paid.

    2. That any amount paid to him/her from said deposit, and any sums paid therefrom to others for taxes, liens and encumbrances, shall be in part payment of any award finally made as to such tract if such award exceeds said sums.

    3. That in case it finally is determined that applicant is not entitled to receive said deposit, or any part thereof, (s)he agrees to refund into the registry of this Court said sum paid to him/her, or such part thereof as the Court may direct with interest at 6 percent per annum thereon; and further, that in the event a final judgment is entered herein for an amount less than that which has been expended for taxes, liens and encumbrances and that which has been paid directly to him/her, (s)he agrees to refund into the registry of the Court the amount by which such payments exceed said judgment, with interest at 6 percent per annum thereon.

    4. That this application is made without prejudice to applicant's right to claim additional compensation for the taking of said tract of land.

  6. Applicant hereby expressly enters his/her appearance in the above proceeding for all purposes and waives the issuance, service and return of all process herein.

Applicant

Applicant

Subscribed and sworn to before me this day of , 19__.

Notary Public in and for

APPROVED:

United States Attorney

[cited in ENRD Resource Manual 13]