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47. Certificate of Inspection and Possession

(Caption as in Complaint)

CERTIFICATE OF INSPECTION AND POSSESSION

I,_____________ , a of the Department of___________ , hereby certify that on the____ day of________ , 19___, I made a personal examination and inspection of that certain tract or parcel of land situated in the County of_________ , State of_____________ , designated as Tract No._______ , and containing acres (proposed to be) acquired by the United States of America in connection with the Project (from ) in the condemnation proceeding entitled , Civil No. .

  1. That I am fully informed as to the boundaries, lines and corners of said tract; that I found no evidence of any work or labor having been performed or any materials having been furnished in connection with the making of any repairs or improvements on said land; and that I made careful inquiry of the above-named vendor (and of the occupants of said land) and ascertained that nothing had been done on or about said premises within the past months that would entitle any person to a lien upon said premises for work or labor performed or materials furnished.

  2. That I also made inquiry of the above-named vendor (and of all occupants of said land) as to his/her/their rights of possession and the rights of possession of any person or persons known to him/her/them, and neither found any evidence nor obtained any information showing or tending to show that any person had any rights of possession or other interest in said premises adverse to the rights of the above-named vendor or the United States of America.

  3. That I was informed by the above-named vendor (and by all other occupants) that to the best of his/her/their knowledge and belief there is no outstanding unrecorded deed, mortgage, lease, contract, or other instrument adversely affecting the title to said premises.

  4. That to the best of my knowledge and belief after actual and diligent inquiry and physical inspection of said premises there is no evidence whatever of any vested or accrued water rights for mining, agricultural, and manufacturing, or other purpose, nor any ditches or canals constructed by or being used thereon under authority of the United States, nor any exploration or operations whatever for the development of coal, oil, gas, or other minerals on said lands; and that there are no possessory rights now in existence owned or being actively exercised by any third party under any reservation contained in any patent or patents heretofore issued by the United States for said land.

  5. That to the best of my knowledge and belief based upon actual and diligent inquiry made there is no outstanding right whatsoever in any person to the possession of said premises nor any outstanding right, title, interest, lien, or estate, existing or being asserted in or to said premises except such as are disclosed and evidenced by the public records.

  6. That said premises are now wholly unoccupied and vacant except for the occupancy of the following, from whom disclaimer(s) of all right, title and interest in and to said premises, executed on the day of , 19, has (have) been obtained:

Name , Address , Statement of Interest Claimed .

Dated this day of , 19.

Approved:

(Name)

(Title)

N.B.: To be prepared at or near the date of taking.

[cited in USAM 5-15.536; ENRD Resource Manual 7; ENRD Resource Manual 17]