30. Stipulation For Revestment
(Caption as in Complaint)
STIPULATION FOR REVESTMENT
WHEREAS, the plaintiff, United States of America, commenced the above-entitled action for the purpose of acquiring by eminent domain certain lands described as follows, to wit:
WHEREAS, the above-described tract is a part of the same land as that described in the following deeds:
WHEREAS, by reason of the filing of a declaration of taking and the depositing of $ as estimated just compensation for the taking thereof, title to such land, to the extent of the estate described below, vested in the United States of America on , 19;
WHEREAS, it has been determined to be necessary to revest to the former owners title to the __ heretofore described in above-described tract of land;
WHEREAS, the defendants __ have agreed that by reason of the aforesaid they are not entitled to any just compensation for the interests acquired in the proceeding and have agreed further than the sum of $ remaining on deposit in the registry of the court shall be returned to the United States of America;
NOW, THEREFORE, IT IS STIPULATED AND AGREED BY AND BETWEEN THE UNITED STATES OF AMERICA, PLAINTIFF, AND THE ABOVE-NAMED DEFENDANTS __ as follows:
- That the defendants herein consent to the revestment by the United States of the estate in the land as heretofore set forth;
- That said defendants consent to the withdrawal of any answer and/or interrogatories heretofore filed in the proceeding contesting the Government's right to acquire the land;
- That the legal description of Tract __ and the estate acquired therein, as set forth in the complaint in condemnation and the declaration of taking heretofore filed in the proceeding shall be deleted therefrom;
- That all right, title and interest of the stipulating defendants in and to any and all portions of the tract as set forth in the complaint in condemnation and the declaration of taking heretofore filed in the proceeding shall be excluded from the proceeding and title thereto shall be revested in said defendants to the extent held by them immediately prior to the taking;
- That the defendants in consideration of the foregoing waive any and all compensation for the taking of all interest acquired in the proceeding, and for the Government's use of that portion and/or interest in the land title to which is revested by this stipulation, including all damages arising therefrom;
- That judgment shall be entered pursuant hereto in accordance with the aforementioned terms and conditions.
In support of the foregoing stipulation, it is hereby represented to the court as follows:
- That this stipulation is intended as a voluntary appearance and express waiver of service of notice and of all other process and pleading, notice of hearing and trial by jury.
- That except as aforesaid on said date no other person, party or corporation was in possession of said lands and there were no unrecorded liens, leases, encumbrances or transfers outstanding affecting said property.
It is expressly understood and agreed that upon the entry of this Stipulation, the defendants and counsel agree to waive any and all claims of whatsoever kind including attorneys' fees and any other costs.
WHEREFORE, the parties hereto pray for judgment as appropriate to effectuate this stipulation.
DATED this __ day of , 19.
UNITED STATES OF AMERICA
United States Attorney
Attorney for Defendants
N.B.: Attorneys' fees and court costs are not awardable in eminent domain proceedings.
[cited in JM 5-15.640]