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5. Documents To Be Prepared By USAs Prior To Filing Condemnation Actions

After receiving the material described in the ENRD Manual at 4, the U.S. Attorney shall prepare:

  1. Complaint in condemnation (see Rule 71A(c), Fed.R.Civ.P. and ENRD Resource Manual at 24 or 25). The complaint in condemnation must not vary in form or substance from any instructions given by the Department and, if there is any variance, the Department must be advised at once of such changes and the reasons therefor;
  2. Clerk's receipt if a declaration of taking is to be filed showing the deposit of estimated compensation;
  3. Motion and order for delivery of possession, if requested by the Department (see JM 5-15.526 and ENRD Resource Manual at 33 and 44;
  4. Notices of condemnation for service upon defendants (see Form 28, Fed.R.Civ.P., or ENRD Resource Manual at 27);
  5. lis pendens notice, if necessary (see JM 5-15.524); and
  6. Form letters to purported owners notifying them of the proceedings and of their right to withdraw the deposit, upon proof of ownership (see ENRD Resource Manual at 28).

[cited in JM 5-15.522; ENRD Resource Manual 6]

Updated September 19, 2018