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Form RD 442-22
(Rev. 10-96)
UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT
FORM APPROVED
OMB NO. 0575-0015
OPINION OF COUNSEL RELATIVE TO RIGHTS-OF-WAY
Date
Dear Sir:
I have reviewed the action taken by
(hereinafter called the ''Corporation'') in obtaining a right-of-way for the construction, operation, and maintenance of the facilities to be installed,
repaired, or enlarged with the proceeds of a loan made or insured by, and/or a grant from Rural Development to the Corporation. I have examined the
right-of-way instruments, permits, or licenses obtained from landowners, public bodies, and public utilities and made such searches of the public
records necessary to determine the legal sufficiency of the instruments covered by the ''Right-of-way
, 20
. I also have examined the ''RightCertificate,'' executed by the Corporation on
of-way Map'' to determine whether continuous and adequate land and rights-of-way are owned or have been acquired by the instruments covered in
the ''Right-of-way Certificate".
Based on the foregoing examination, and to the best of my knowledge, information, and belief, I am of the opinion that:
A. The legal instruments by which the Corporation has acquired said rights-of-way (a) are in appropriate and due legal form and
adequately confer upon the Corporation the necessary rights-of-way for the construction, operation, and maintenance of its facilities in their
present or proposed location, and such omissions or defects as may exist will in no substantial way or manner endanger the value or operation
of the facilities, and (b) have each been properly recorded in the appropriate public land records of each County in which any of the land
affected thereby is situated. Such consents, releases, or subordinations from lienholders recommended by me or required by Rural Development
have been obtained.
B. The legal instruments referred to above give unto the Corporation a continuous and adequate right-of-way to permit the construction, operation,
and maintenance of the Corporation's facilities except as below noted.
C. Exceptions:
Very truly yours,
Attorney for
Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to U.S. Department of Agriculture, Clearance Officer STOP 7602, 1400 Independence Avenue, S. W, Washington, D. C.
20250-7602. Please DO NOT RETURN this form to this address. Forward to the local USDA office only. You are not required to respond to this collection of information unless it displays a
currently valid OMB control number.
RD 442-22 (Rev. 10-96)
File Type | application/pdf |
File Title | Opinion of Counsel Relative to Rights-Of-Way |
File Modified | 2002-10-30 |
File Created | 2002-10-30 |