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This entry was published on 2014-09-22
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Contents of petition
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 18
§ 1804. Contents of petition. The petition shall state: 1. The name
and residence of the petitioner, the facts concerning his appointment
and qualification as a person by whom the proceeding is maintainable,
and a statement as to the amount of any existing undertaking given by
him in such capacity then in force and effect, whether or not any such
existing undertaking includes the value of the property appropriated. If
an undertaking had been dispensed with by the surrogate in any case
where such property was derived by the infant through his father or
mother under the instrument by which a guardian was appointed, such fact
shall be disclosed to the court.

2. The name, age and residence of the infant, incompetent or

3. The particulars with regard to such appropriation, including the
nature and extent of the property appropriated and a description.

If a survey map has been filed in the appropriation proceeding, a copy
of such a map shall be attached to and made part of the petition.

4. The nature and extent of the property, if any, entered upon, used,
occupied or injured by the state prior to completion of such

5. The amount offered by the state in full compensation.

6. The facts in relation to the value of the interest to be released.

7. Whether any previous application has been made, and, if so, the
time and disposition.

8. Where the value of the claim does not exceed one thousand dollars,
that either the petitioner or a competent, disinterested person
acquainted with the facts, whose affidavit is made a part of the
petition, has made a careful investigation of the facts relating to the
offer, and that as a result of such investigation he has found and
verily believes that the amount of compensation so offered by the state,
for the interest or undivided interest of said infant, incompetent
person, or conservatee represents the fair market value of the property
appropriated and just compensation therefor and for the legal damages
caused by such appropriation, and the damages, if any, sustained by the
entry upon, use or occupation of, or injury to such property by the
state prior to completion of appropriation. In any case involving an
infant of the age of fourteen years or upwards or a conservatee, his
written consent to the acceptance in his behalf of the amount so offered
shall accompany the petition, unless the aforesaid infant is classed in
the petition as an incompetent person, in which event such consent shall
not be required.