Page:United States Statutes at Large Volume 45 Part 1.djvu/1467

 1416 Interest to be ac- quired. Prayer for condem- nation and vesting title in United States . Citation and notice. Public notice, and order of parties of inter- est to appear. Des cript ion of la nds in order of citation . Newspaper publica- tion. Personal service of copy of order. By mail to nonresi- dent. Default in appear- ance. Deemed a consent to taking, etc., of lands. Person claiming any right, etc ., to the land may be permitted to appear in the proceed- ings. SEVENTIETH C ONGRESS. SEss. II. CH. 416. 1929 . of the heirs or devisees of such deceased person are not known, it shall be sufficient to describe them in the petition and in any order of citation or publication or other process thereon as " the unknown heirs or devisees" of such deceased person. And suc h desig nation shall be valid and effective to all intents and purposes as if all persons claiming by, through, or under said deceased person had been specifically named. (5) A statement of the estate or interest in said lands which petitioner intends to acquire for the public use stated. (6) A prayer that said lands be condemned and taken for the use of the United States and that the title to the same in fee simple, or such estate or interest as may be specified, be vested in the United States. CIT ATI ON AND NOTICE SEC. 3 . The court shall cause public notice of the institution of such proceedin g to be given by an order of citation re quiring all persons claiming to have any right, title, interest, or estate in the lands to be acquired, or to be entitled to compensation in respect of the taking of the same, and all persons occupying the same, to appear in said court on a day to be named in said order of citation to answer the petition and make claim for the compensation to which they deem themselves entitled. SEC. 4. Such order of citation shall contain a description of the lands to be acquired sufficient for the identification thereof and the names of the persons given in the petition as claiming to have any right, title, interest, or estate in said lands or to be entitled to com- pensation in respect of the taking of the same and as occupying the same. If any such person is alleged in said petition to be a non- resident of the District of Columbia, the order of citation shall also state the last place of residence of such person, if known. SEC. 5 . Said order of citation shall be published at least once a week for three consecutive weeks in some newspaper of general cir- culation published in the District of Columbia. SEC. 6. The court shall also direct service of a copy of said order of citation before the return date of the said order upon each of the persons named therein who is, so far as ascertainable by reasonable inquiry, residing or sojourning at the time within the District of Columbia. The court shall also require a copy of said order of cita- tio n to be mailed, postpaid, to suc h of the persons named t herein a s may be shown by said petition or affidavit to be nonresidents of the District of Columbia, such copy to be addressed to such persons at their last known places of residence. DE FAU LT IN APPEARANCE SEC. 1. In default of appearance on or before the return day speci- fied in said order of citation (or on or before such further day as the court for cause shown may allow for the purpose) e very person having any right, title, interest, or estate in the lands described in said order, or entitled to compensation in respect of the taking of the same or entitled to the possession of, or occupying the same, shall be deemed to have consented to the taking and condemnation of said lands for the public purpose stated at and for such compensation as may be finally awarded therefor in the proceeding and shall be bound by all orders, judgments, and decrees that may be entered in said proceeding. SEC. 8 . The court may, by order, upon ap plication and for cause shown, at any time prior to final judgment permit any person claim- ing any right, title, interest, or estate in the lands to be acquired or to be entitled to compensation in respect of the taking of the same to

�