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

40.

Order of Dismissal

(Caption as in Complaint)

ORDER OF DISMISSAL AS TO TRACT(S) NO(S).

On this day came on to be heard the stipulation and joint motion of the plaintiff, United States of America and defendant(s) for an Order of Dismissal as to Tract(s) No(s). in this proceeding; and it appearing to the Court that:

  1. This suit was instituted by Complaint, that no Declaration of Taking has been filed, and that title to the estate described in said Complaint has not vested in the United States; and

  2. On , the Court entered its Order giving possession to the plaintiff of the estate described in the Complaint; however, the United States no longer requires such estates in Tract(s) No(s).; and 1

  3. Both the plaintiff and defendant(s) herein have stipulated that the Court may vacate such Order of Possession; and, it is the opinion of the Court that such Order should be vacated; and 1

It further appearing to the Court that there are no existing claims for compensation with respect to said tract(s) of land, and that both plaintiff and defendant(s) have stipulated and jointly moved that said tract(s) be dismissed from this proceeding, and that such motion should be granted;

It is therefore ordered, adjudged and decreed that the Order of Possession entered herein be vacated as to Tract(s) No(s). ; 1

It is further ordered, adjudged and decreed by the Court that this proceeding be and it is hereby dismissed as to said tract(s).

Entered this day of , 19__.

United States District Judge

To be used only when Order of Possession has issued.