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NOTICE OF CONDEMNATION BY
Case No. 08cv1262 IEG (AJB)
THE UNITED STATES OF AMERICA, Plaintiff,
1.55 ACRES OF LAND, MORE OR LESS, SITUATE IN SAN DIEGO COUNTY, STATE OF CALIFORNIA; and KUNWAR S. KUMAR
TO: KUNWAR S. KUMAR
and Unknown Owners,
and in the event that any of the foregoing parties are deceased, then the successors in interest to the said parties are named herein as Unknown Owners.
You are hereby notified that a complaint in condemnation has heretofore been filed in an action to condemn a stip of land, containing an area of 1.55 acres more or less, within Tract No. SDC-BRF-813E
as more fully described in the complaint in the land described in Schedule C, attached hereto and made a part hereof. The public use for which the property is to be taken is to construct, install, operate, and maintain roads, vehicle barriers, security, lighting, and related structures designed to help secure the United States/Mexico border within the State of California.
SCHEDULE CTract: SDC-BRF-813E
A strip of land situated within fractional Section 27, Township 18 South, Range 3 East, of the San Bernardino Principle Meridian, County of San Diego, State of California. Coordinate value datum; California State Plane, NAD 83, Zone 6. Entire property having an assessor's parcel numbers 652-150-0700, 652-150-0800 and 652-150-1100 and more particularly described as follows:
Said strip being 2243.54 feet in length, 30 feet in width, parallel to and 15 feet to the left of and 15 feet to the right of and measured at right angles to the following described centerline.
Beginning at a point on the Northerly property boundary of said parcel, having an assessor's parcel numbers 652-150-0700. Said point having a coordinate value of X= 6432746.96 and Y= 1790390.63.
Thence, meandering along the centerline of the existing road in a Southeasterly direction, a distance of approximately 2243.54 feet in length to the Point-of-Termination. Said P.O.T being the Easterly property boundary of A.P.N. 652-150-1100 and having a coordinate value of X= 6433899.91 and Y= 1789003.38.
Said strip of land containing an area of 1.55 acres more or less.
The authority for the taking of the land is Act of Congress approved February 26, 1931, as 46 Stat. 1421 and codified at 40 U.S.C. Section 3114, and the Act of Congress approved August 1, 1888, as 25 Stat. 357 and codified at U.S.C. Section 3113, and any acts supplementary thereto and amendatory thereof; the Act of Congress approved September 30, 1996, as Public Law 104-208, Division C, Section 102, Stat. 3009-546, 3009-554, as amended and codified at 8 U.S.C. Section 1103(b) & note; and the Act of Congress approved October 4, 2006, as Public Law 109-295, Title II, 120 Stat. 1355, which appropriated the funds which shall be used for taking.
You are further notified that if you have any objection or defense to the taking of your property you are required to serve upon Plaintiff's attorney at the address herein designated within twenty (20) days after the 17th day of November, 2008, an 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 so to serve an answer shall constitute a consent to the taking ad to the authority of the court to proceed to hear the action and to fix the just compensation and shall constitute a waiver of all defenses and objections not so presented.
You are further notified that if you have no objection or defense to the taking you may serve upon 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 the compensation to be paid for the property in which you have any interest and you may share in the distribution of the award of compensation.
You are further notified that 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.
DATED: October 29, 2008 Respectfully submitted,
KAREN P. HEWITT
United States Attorney
/s/ Brett Norris
Assistant United States Attorney Attorneys for Plaintiff
United States of America
Pub. November 3, 10, 17 -00048692