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ENRD Resource Manual

4. Condemnation Procedures—Filing and Serving Complaints—Materials to be Secured From Acquiring Agency By United States

Upon the receipt of a request to institute condemnation proceedings, the U.S. Attorney shall request the following from the local office of the acquiring agency:

  1. A check for the amount of the estimated compensation, in those cases where a declaration of taking is to be filed, if a check was not transmitted with the request to institute the proceedings;
  2. A sufficient number of copies of the property description of the condemned land;
  3. If the description of the estate condemned is lengthy, a sufficient number of copies of the description (this often is desirable in easement cases); and
  4. Such title evidence as is presently available. (See JM 5-15.530.)

This description of the estate and of the land condemned, referred to in B and C above, may be attached as exhibits to and incorporated as a part of the complaint, the notice of condemnation, and other orders and pleadings, where deemed necessary, in order to avoid the necessity of retyping such descriptions, with consequent chance for error. These descriptions usually will be mimeographed upon request to the acquiring agency.

[cited in JM 5-15.522; ENRD Resource Manual 5]