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KAREN P. HEWITT United States Attorney TOM STAHL Assistant U.S. Attorney Chief, Civil Division California State Bar No. 078291 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7140 Facsimile: (619) 557-5004 Email: [email protected] Attorneys for the Plaintiff
8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 THE UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO: All those persons and entities listed in Schedule G, attached hereto and made a part hereof. NOTICE: You are hereby notified that a Complaint in Condemnation and a Declaration of Taking (under 40 U.S.C. ยง 3114), have been filed in the Office of the Clerk of the United States District Court for the Southern District of California to condemn certain estates, described in Schedule "E" attached hereto, for public uses in the property described in Schedule "C" attached hereto. The authority for the taking is set forth in Schedule "A", attached hereto. The uses for which the property is to be taken are set forth in Schedule "B" attached hereto. If you have any objection or defense to the taking of the property in which you may have or claim some interest, you are required to serve upon Plaintiff's attorney, at the address on the first page, within twenty (20) days after service of this Notice upon you, exclusive of the date of service, an ) ) Plaintiff, ) ) v. ) ) 53.14 ACRES OF LAND, more or less, situated in ) San Diego County, State of California; and THE ) STATE OF CALIFORNIA; AND OTHER ) INTERESTED PARTIES, ) ) Defendants. ) _________________________________________ ) Case No. : 08cv0506 J (RBB) NOTICE OF CONDEMNATION [Fed. R. Civ. P. 71A]
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Answer identifying the property in which you claim to have an interest, stating the nature and extent of the interest claimed and stating all your objections and defenses to the taking of the property. A failure to serve an Answer shall constitute a consent to the taking and to the authority of the court to proceed to hear the action and to fix the just compensation. It shall also constitute a waiver of all defenses and objections. If you have no objection or defense to the taking you may file with the court, and serve on the Plaintiff's attorney, a notice of appearance designating the property in which you claim to be interested and thereafter you shall receive notice of all proceedings affecting the said property. You are further notified that at the trial of the issue of just compensation, whether or not you have answered or served a notice of appearance, you may present evidence as to the amount of compensation to be paid for the property acquired herein and you may share in the distribution of the award for compensation. You are further notified, however, that unless you file a notice of appearance, this proceeding may proceed to pretrial or trial without further notice to you.
DATED: March 20, 2008
KAREN P. HEWITT United States Attorney s/ Tom Stahl
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Notice of Condemnation 08cv0506
TOM STAHL Assistant U. S. Attorney Chief, Civil Division Attorneys for Plaintiff
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