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:
- 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;
- 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;
- (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:
- (S)he was the owner of an interest or estate in said tract of
land on the date of taking, as follows:
- Applicant prays the Court to order the disbursement of $ of
said deposit to him/her, subject to the following conditions:
- That out of said deposit all valid taxes, liens and
encumbrances first shall be paid.
- 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.
- 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.
- That this application is made without prejudice to applicant's
right to claim additional compensation for the taking of said tract
of land.
- 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]
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