Free Notice (Other) - District Court of Colorado - Colorado

Case 1:03-cv-01095-JLK-GJR

Document 149

Filed 03/22/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01095-JLK-GJR UNITED STATES OF AMERICA, Plaintiff, v. 60.52 ACRES OF LAND, MORE OR LESS, LOCATED IN LA PLATA COUNTY, SHIRLEY ISGAR; CHARLES ISGAR; STATE OF COLORADO; WHEELER ONE TRUST; COLLYER FAMILY TRUST; LA PLATA COUNTY TREASURER; CHEVRON U.S.A. INC.; SOUTHERN UTE INDIAN TRIBE; LA PLATA ELECTRIC ASSOCIATION, INC.; ATMOS ENERGY CORPORATION; QWEST CORPORATION; and UNKNOWN OWNERS, if any, Defendants.

SECOND AMENDED NOTICE OF CONDEMNATION

TO: SHIRLEY ISGAR; CHARLES ISGAR; STATE OF COLORADO; WHEELER ONE TRUST; COLLYER FAMILY TRUST; LA PLATA COUNTY TREASURER; CHEVRON U.S.A. INC.; SOUTHERN UTE INDIAN TRIBE; LA PLATA ELECTRIC ASSOCIATION, INC.;

Case 1:03-cv-01095-JLK-GJR

Document 149

Filed 03/22/2007

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ATMOS ENERGY CORPORATION; QWEST CORPORATION; and UNKNOWN OWNERS, if any,

YOU ARE HEREBY NOTIFIED that a Second Amended Complaint in Condemnation has heretofore been filed in the United States District Court for the District of Colorado in a civil action to condemn fee simple estates and a temporary easement in, on, over, under and/or across certain property described in the Second Amended Schedule B, attached hereto and made a part hereof, and delineated in the map at the Second Amended Schedule C, attached hereto and made a part hereof. The public use for which the said property is being taken is set forth in the Second Amended Schedule A, attached hereto and made a part hereof. The authority for the taking of the said property is set forth in the Second Amended Schedule A, attached hereto and made a part hereof. YOU ARE HEREBY NOTIFIED that, if you desire to present any objections or defenses to the taking of your property, you are required to serve your answer upon Plaintiff's attorney, at the address herein designated, within twenty (20) days after personal service of this Second Amended Notice of Condemnation upon you, exclusive of the date of service. Your answer shall identify the property in which you claim to have an interest, state the nature and extent of the interest claimed, and shall state all your objections and defenses to the taking of your property. A failure to serve an answer shall constitute a consent to the taking, and to the authority of the Court to

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Case 1:03-cv-01095-JLK-GJR

Document 149

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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 without answering, you may serve on Plaintiff's attorney a notice of appearance designating the property in which you claim an interest. Thereafter, you will receive notice of all proceedings affecting the said property. At the trial of the issue of just compensation, whether or not you have previously appeared or answered, you may present evidence as to the amount of the compensation to be paid for the property in which you claim an interest, and you may share in the distribution of the amount of the compensation. Dated this 22nd day of March, 2007.

TROY A. EID United States Attorney

s/ Stephen D. Taylor STEPHEN D. TAYLOR Assistant U.S. Attorney 1225 Seventeenth Street Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Fax: (303) 454-0408 E-mail: [email protected] ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA

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Case 1:03-cv-01095-JLK-GJR

Document 149

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 22, 2007, l electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses:

KENNETH SKOGG, ESQ.

[email protected]

KAREN LYNN BRODY, ESQ. [email protected] JANNINE R. MOHR, ESQ MALCOLM MURRAY, ESQ. MICHAEL WILSON, ESQ. [email protected] [email protected] [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the nonparticipant's name: By mail, postage prepaid Mr. Ken Ouellette Bureau of Reclamation U.S. Department of the Interior 835 East Second Street, Suite 300 Durango, CO 81301

s/ Stephen D. Taylor STEPHEN D. TAYLOR Assistant United States Attorney 1225 17th Street, 7th Floor Denver, CO 80202 (303) 454-0100 Fax: (303) 454-0408 [email protected] Counsel for Plaintiff United States 4