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

Case 1:02-cv-01841-MSK-MJW

Document 101

Filed 11/15/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-01841-MSK-MJW UNITED STATES OF AMERICA, Plaintiff, v. 117.54 ACRES OF LAND, MORE OR LESS, SITUATED IN LA PLATA, COUNTY, COLORADO; and STATE OF COLORADO; LA PLATA COUNTY TREASURER, LA PLATA, COLORADO; COLORADO TELEPHONE COMPANY; MESA GRANDE GAS COMPANY; COLORADO-UTE ELECTRIC ASSOCIATION, INC.; BOARD OF COUNTY COMMISSIONERS, LA PLATA COUNTY, COLORADO; PEOPLES NATURAL GAS COMPANY; NORTHWEST PIPELINE CORPORATION; ENTERPRISE PRODUCTS PARTNERS L.P.; ATMOS ENERGY CORPORATION; and LA PLATA ELECTRIC ASSOCIATION, INC.; UNKNOWN OWNERS, Defendants.

FOURTH AMENDED NOTICE OF CONDEMNATION

TO: STATE OF COLORADO; LA PLATA COUNTY TREASURER, LA PLATA, COLORADO; COLORADO TELEPHONE COMPANY; MESA GRANDE GAS COMPANY; COLORADO-UTE ELECTRIC ASSOCIATION, INC.; BOARD OF COUNTY COMMISSIONERS, LA PLATA COUNTY, COLORADO; PEOPLES NATURAL GAS COMPANY; NORTHWEST PIPELINE CORPORATION; ENTERPRISE PRODUCTS PARTNERS L.P.;

Case 1:02-cv-01841-MSK-MJW

Document 101

Filed 11/15/2006

Page 2 of 4

ATMOS ENERGY CORPORATION; and UNKNOWN OWNERS, YOU ARE HEREBY NOTIFIED that a Fourth 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 perpetual easements and temporary easements on, over, and/or under certain property described in the Third Amended Schedule B, attached hereto and made a part hereof, and delineated in the Third 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 Third Amended Schedule A, attached hereto and made a part hereof. The authority for the taking of the said property is set forth in the Third 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 Fourth 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 proceed to hear the action and to fix the just compensation, and shall constitute a waiver of all defenses and objections not so presented. 2

Case 1:02-cv-01841-MSK-MJW

Document 101

Filed 11/15/2006

Page 3 of 4

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 15th day of November, 2006.

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 1:02-cv-01841-MSK-MJW

Document 101

Filed 11/15/2006

Page 4 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 15, 2006, l electronically filed the foregoing FOURTH AMENDED NOTICE OF CONDEMNATION with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses:

TIMOTHY J. MONAHAN, ESQ. MICHAEL A. GOLDMAN, ESQ. TODD MILLER, ESQ. KAREN LYNN BRODY

[email protected] [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 Teresa Silcox Torrey, Esq. 295 Chipeta W ay Salt Lake City, UT 84108 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