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Show NOTICE IN, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL CEN-TRAL DIVISION. Civil No. C.155-72 NOTICE OF CONDEMNATION. CON-DEMNATION. UNITED STATES STA-TES OF AMERICA, Plaintiff, vs. 870.37 ACRES OF LAND, MORE OR LESS, SITUATE IN GRAND COUNTY, STATE OF UTAH, AND UTAH BEN-TONITE BEN-TONITE COMPANY, ET AL., AND UNKNOWN OWNERS, Defendants. To: Utah Bento-nite Bento-nite Company, Room 420, Kearns Building, 136 South Main Street, Salt Lake City, Utah 84101. Book Cliff Properties, Prop-erties, Inc., Room 420 Kearns Building, 136 South Main Street, Salt Lake City, Utah 84101. The Duchess Corporation, Corpora-tion, co Roy W. Cook, Wood-side, Wood-side, Utah 84544. Roy W. Cook. Woodside, Utah 84544. Mr. George H. Patterick, Jr., co Equitable Insurance Company, Comp-any, Main Street, Price, Utah 84501, and UNKNOWN OWNERS. OWN-ERS. YOU ARE HEREBY NOTIFIED that a Complaint ' in condemnation has heretofore hereto-fore been filed in the office of the Clerk of the above-named above-named Court in an action to condemn an estate for pul lic use; the estate to be taken ta-ken for said public use is the fee simple title to 870.37 acres ac-res of land in Grand County, State of Utah, which is mors particularly described as follows: The NWA; EY2 of SW4; and SE of Section 24, T. 21 S., R. 16 E., S.L.M.; The NEV4 of Section 25, T. 21 S., R. 16 E., S.L.M.; The NW'4; Sl2 of NE4; and N'2 of SE of Section 30, T. 21 S., R. 17 E., S.L.M.; subject, however, to existing easements ease-ments for public roads and highways, public utilitifcs, railroads and pipelines. The property taken is for a public use in connection with the establishment es-tablishment of facilities for the use of the Department of the Army and for other military mili-tary uses incident thereto in connection with the White Sands Missile Range, Green River Site, Utah, and for such other uses as may be authorized by Congress or by Executive Order. The authority author-ity for the taking are the following: fol-lowing: The Act of Congress approved February 26, 1931 (46 Stat. 1421, 40 U.S.C. 258a), and Acts supplementary thereto there-to and amendatory thereof, and under the further authority author-ity of the Act of Congress approved ap-proved August 1, 1888 (25 Stat. 357, 40 U.S.C. 257); Section Sec-tion 2663 of Title 10, United States Cede, which authorizes the acquisition of land for military purposes; and the Act of Congress approved December De-cember 18, 1971 (Public Law 92-204), which Act authorizes acquisition of the land and made funds available for such purposes. YOU ARE FURTH. ER NOTIFIED THAT if you have any objection or defense de-fense to the taking of your property, you are required to serve upon plaintiff's attorney attor-ney at the address herein designated des-ignated within twenty days (after personal service of this notice upon you, exclusive exclus-ive of the day of service) an answer identifying the property prop-erty in which you claim to have an interest, stating the nature and extent of the interest in-terest claimed and stating all your objections and defenses to the taking of your property. proper-ty. A failure so to serve an answer shall constitute a consent con-sent to the taking and to the authority of the Court to proceed to hear the action and to fix the just compensation compensa-tion and shall constitute a waiver of all defenses and objections not so presented. YOU ARE FURTHER NOTIFIED NO-TIFIED that if you have no objection or defense to th.j taking, you may serve upon plaintiff's attorney a notice of appearance designating the property in which you claim to be interested, and thereafter there-after you shall receive no. tice of all proceedings affecting affect-ing the said property. YOU ARE FURTHER NOTIFIED that at the trial of the issues of just compensation, whether wheth-er or not you have answered or served a notice of appearance, appear-ance, you may present evidence evi-dence as to the amount of 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. compensa-tion. YOU ARE FURTHER NOTIFIED that trial by jury of the issue of just compensation compen-sation is demanded by plaintiff. plain-tiff. sC. NELSON DAY, United States Attorney, Attorney At-torney for the United Stat-es Stat-es of America. Address: 200 U.S. Post Office and Courthouse, Court-house, 350 South Main Street, Salt Lake City, Utah 84101 Dated: June 15, 1972 Published in The Times-Independent, Moab, Utah, June 29, July 6 and 13, 1972. |
