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Justice Manual

Justice Manual
ENRD Resource Manual

24. Complaint In Condemnation

IN THE UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF ___________

UNITED STATES OF AMERICA,

PLAINTIFF,

v. CIVIL ACTION NO.,

DEFENDANTS.

COMPLAINT IN CONDEMNATION

  1. This is an action of a civil nature brought by the Attorney General of the United States at the request of and in the name of __ for the taking of the property under the power of eminent domain and for the ascertainment and award of just compensation to the owners and parties in interest.
  2. The authority for the taking is set forth in __ attached hereto and made a part hereof.
  3. The public use for which the property is to be taken is the __, all as provided in the Act of __.
  4. The interest in the property to be acquired is set forth in __ attached hereto and made a part hereof.
  5. The property to be taken is described in __ attached hereto and made a part hereof.
  6. The persons, firms and corporations known to the plaintiff to have or claim an interest in the property are set forth in attached hereto and made a part hereof.
  7. All persons, firms and corporations named as defendants herein are joined as defendants generally to the end that all right, title, interest and estate of all said defendants in and to any and all of the lands herein involved shall be divested out of them and vested in plaintiff.
  8. In addition to the persons named, there are or may be others who have or may claim some interest in the property to be taken, whose names are unknown to the plaintiff, and such persons are made parties to the action under the designation "Unknown Owners."

WHEREFORE, the plaintiff demands judgment that the property be condemned and that just compensation for the taking be ascertained and awarded and for such other relief as may be lawful and proper.

Trial by jury of the issue of just compensation is demanded by plaintiff.

UNITED STATES OF AMERICA

BY:____

United States Attorney

1 Jury trial is not requested in tracts worth less than $4,000; an additional paragraph is necessary if option contracts are to be enforced.

[cited in JM 5-15.516; JM 5-15.550; ENRD Resource Manual 1; ENRD Resource Manual 5; ENRD Resource Manual 6]