The instrument's own words
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213
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA
PETITIONER
-vs-
0.461 OF AN ACRE OF LAND, MORE
OR LESS, AT CHARLESTOWN, WASHINGTON
COUNTY, RHODE ISLAND, HAROLD T. PROSSER,
ET AL.,
DEFENDANTS
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Misc. No. 307.
ORDER AND JUDGMENT ON DECLARATION OF TAKING
It appearing to this Court that on the 11th day of October, A. D. 1946, the United States of America filed herein a Petition for the Condemnation of certain lands and that together therewith was filed a Declaration of Taking signed by W. John Kenney, Acting Secretary of the Navy, under and by virtue of the provisions of the Acts of Congress set out in the said Petition for Condemnation, which authorize the acquisition by condemnation proceedings of lands suitable and necessary for public purposes, and it further appears that the acting Secretary of the Navy, in the Declaration of Taking with schedule attached, has duly stated the authority under which and the public use for which the lands are taken, the estate or interest to be acquired, the estimated just compensation for the lands, together with a proper description and plan of the lands taken, and that the estimated just compensation for all the lands deposited into the Registry of the Court is ONE HUNDRED DOLLARS ($100.00), and it further appears that the United States of America has been in possession of the easement described in the Declaration of Taking and Petition for Condemnation by authority of the owner from December 14, 1944 to the date hereof.
It is therefore, on motion of Harry A. Smith, Special Assistant to the Attorney General,
ORDERED AND ADJUDGED that title to an easement in the lands described in the Declaration of Taking heretofore filed in this cause, which said lands are shown on a Map marked Exhibit "B" and made a part of said Declaration of Taking, is indeed vested forever in the United States of America, for the construction, operation and maintenance of an obstruction light in Area A and in Area B, a right of way for access to Area A.
And it is further ORDERED AND ADJUDGED that the owners, claimants and occupants of said lands and every part and parcel thereof forthwith deliver to the petitioner herein, and to its duly authorized agents, the immediate and exclusive possession of said lands; and the United States of America may take immediate possession of the said lands and every part and parcel thereof, to occupy, use and improve the same for the purposes set out in the Declaration of Taking and Petition for Condemnation filed in this proceeding, notwithstanding any other law, as provided for in the acts enumerated in the said Declaration of Taking and the said Petition for Condemnation.
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 and singular their heirs, husbands, wives, devisees, e-cutors, 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 any said tracts of land requiring said parties to answer in this cause setting forth any right, title, claim, interest or possession of any kind or nature in and to said described lands, within sixty-day of the service of this Order.
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214
And it is further ORDERED that a copy of this Order shall be served upon each
and every person or persons in possession of said lands.
Dated at Providence, Rhode Island, this 11th day of October, A. D. 1946 at
11:27 A. M. Eastern Standard Time.
JOHN P. HARTIGAN
United States District Judge
A True Copy (SEAL)
Attest:
Joseph P. Legatore
Clerk, U. S. District Court for the
District of Rhode Island
Received for record October 15th, A. D. 1946 at 12:30 o'clock, p. m., and
recorded by [Signature]
Town Clerk
The page as recorded
