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ENRD Resource Manual

45. Order Appointing Commission

(Caption as in Complaint)

ORDER APPOINTING COMMISSION UNDER FEDERAL RULES OF CIVIL PROCEDURES

The Court having concluded that, because of the character, location and quantity of the land being condemned by Plaintiff, United States of America, in this cause and because such would be in the interest of justice, the issue of just compensation to be paid the landowners for the lands being condemned herein should be determined by a Commission of three persons as provided for by Rule 71A, Federal Rules of Civil Procedure;

It is accordingly ordered by the Court that the following be, and they are hereby, appointed Commissioners under said above-mentioned rule: who shall act as Chairperson, and,

It is further ordered that this cause be and the same is hereby referred to said Commission, which shall determine the just compensation to be paid the landowner or landowners as to each tract of land, or interest therein condemned, in this cause involved.

On the______ day of_______ at in the United States District Courthouse Court Room No. , the Court will instruct the Commission as to its powers and duties in accordance with Rules 71A(h) and 53(c) and (d) of the Federal Rules of Civil Procedure. As soon thereafter as practicable the Commission should commence hearings at such place or places as may be proper and necessary.

Ordered and entered this day of , 19__.

United States District Judge