2/19/1943 · ORDER · book 29 page 43 doc 10@29/43

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF RHODE ISLAND UNITED STATES OF AMERICA PETITIONER -vs- 43.2 ACRES OF LAND, MORE OR LESS, IN THE TOWN OF CHARLESTOWN, RHODE ISLAND, DAVID E. MILLS, et als, DEPENDANTS : : : : : : : : Misc. No. 197 ORDER It appearing to this Court that on the 18th day of February, A. D. 1943, the United States of America filed herein a petition for condemnation of certain lands and that together therewith was filed a certified copy of a letter addressed to the Attorney General signed by James Forrestal, Acting Secretary of the Navy, and under by virtue of the provisions of the Acts of Congress approved August 1, 1888 (25 Stat. 357; U. S. C. Title 40 sec. 257); February 26, 1931 (46 Stat. 1421, 40 U. S. C. sec. 258a); August 6, 1942 (Pub-lic Law 700, 77th Congress); and the so-called Second War Powers Act, Public Law 507, 77th Congress, Second Session, approved March 27, 1942, which authorize the acquisition by condemnation proceedings of land suitable and necessary for public and/or naval purposes, it further appearing that the Acting Secretary of the Navy by said letter addressed to the Attorney General dated February 12, 1943 has duly stated the authority under which and the public and/or naval use for which the lands are taken, the estate or interest acquired, and a description and plan of the lands taken. It is therefore on motion of Harry A. Smith, Special Assistant to the Attorney General, ORDERED AND ADJUDGED that the United States of America may take immediate possession of the property herein referred to, occupy, use and improve the same, notwithstanding any other law, for the purposes set out in the acts enumerated herein. The said lands are described in Exhibit "A" and shown on a map which is marked Exhibit "B", both of which are attached to the Petition for Condemnation in this proceeding and made parts thereof. And it is further ORDERED that a certified copy of this order shall be served upon each and every person or persons in possession of said lands. And it is further ORDERED that due and legal service be had upon all of the persons, firms and corporations named as defendants or claimants in the petition on file herein, and all singular their heirs, husbands, wives, devisees, executors, administrators, representatives, alienees, successors and assigns of each and every named person, firm and corporation, and all unknown owners, lienors and claimants having or claiming any title, estate, equity or lien, and all occupants, lessees, licensees and users and holders and owners of and claimants to easements in, on, over, across or through said lands; and all persons, companies and corporations claiming any title to or in or any said tracts of land. Dated at Providence, Rhode Island, this 18th day of February, A. D. 1943 at 4 P. M. Eastern War Time. JOHN P. HARTIGAN Judge A True Copy Attest: William E. Reddy (SEAL OF U. S. DISTRICT COURT) Received for record February 19th, A. D. 1943 at 2:00 o'clock P. M. and recorded by [?] Town Clerk