Free Order on Motion for Order - District Court of California - California

Case 3:08-cv-01263-IEG-AJB

Document 9

Filed 08/26/2008

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 Presently before the Court is the United States' (herein plaintiff) ex parte application for 19 an order for the surrender of the estate described in Schedule E of the Complaint filed herein in, 20 to wit, a perpetual and assignable easement and right of way in, over and across the land 21 described in Schedule C of the Declaration of Taking for the location, construction, operation, 22 maintenance, alteration and replacement of a road and appurtenances thereto; together with the 23 right to trim or remove any vegetative or structural obstacles that interfere with the right of way; 24 subject to minerals and rights appurtenant thereto, and to existing easements for public roads, 25 highways, public utilities, railroads and pipelines; reserving, however, as to the owners, their 26 successors and assigns, the right to use the surface of such land as access to their adjoining land 27 or for any other use consistent with its use as a road. 28 IT IS HEREBY ORDERED that all defendants to this action and all persons in ) ) Plaintiff, ) ) v. ) ) 1.21 ACRES OF LAND, MORE OR LESS, ) SITUATE IN SAN DIEGO COUNTY, ) STATE OF CALIFORNIA; AND, ) ANN MARIE HARMONY AND ESTATE ) OF LOIS M. KEENER, et al. ) ) Defendants. ) ) UNITED STATES OF AMERICA, Case No.: 08cv1263-IEG (AGB) ORDER FOR DELIVERY OF POSSESSION

Case 3:08-cv-01263-IEG-AJB

Document 9

Filed 08/26/2008

Page 2 of 2

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possession or control of this estate shall surrender it to plaintiff immediately. Plaintiff shall serve a notice of this order upon all persons in possession or control of the said property forthwith.

DATED: August 26, 2008 IRMA E. GONZALEZ, Chief Judge United States District Court

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