Chapter 7 - EXHIBIT 7A • COMPLAINT (FEDERAL)

• Jurisdiction: Colorado

EXHIBIT 7A • COMPLAINT (FEDERAL)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. __________

[plaintiff's name], Plaintiff

v.

UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF [name of department making claim on subject property]; [name of secretary of department making claim], in his or her official capacity as Secretary of the United States Department of [name of agency making claim, such as: Bureau of Land Management or United States Forest Service], Defendants.

COMPLAINT

The Plaintiff, [plaintiff's name], by [her/his/its] attorneys, [firm's name], for [her/his/its] Complaint states as follows:

INTRODUCTION

1. This is an action pursuant to 28 U.S.C. § 2409a to quiet title to real property located within this judicial district in [county] County, Colorado, and more particularly described in Exhibit A, attached ("Subject Property").

PARTIES

2. Plaintiff is a resident of [county] County, Colorado and owner of the Subject Property.

3. Defendant United States of America claims some right, title, or interest in the Subject Property.

4. Defendant [name of agency] is the agency of the Defendant United States that claims to be the manager of the Subject Property.

5. The Department of [name of department making claim on subject property] is the department in which [name of agency] is located.

6. Defendant [name of secretary of department making claim] is the Secretary of the Department of [name of department making claim on subject property].

7. Defendant United States of America has consented to be sued in civil actions to adjudicate disputes regarding title to real property in which the United States claims an interest, 28 U.S.C. § 2409a(a).

JURISDICTION

8. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1346(f).

BASIS OF CLAIM

9. [Describe circumstances under which plaintiff acquired interest in the Subject Property, such as: Plaintiff acquired fee simple title to the property by purchase of the Subject Property from (name), the prior owner of the Subject Property, on (date), at which time plaintiff received a special warranty deed to the Subject Property, attach copy.)]

10. Defendants may claim some interest in the Subject Property, but their claim is without foundation or right.

11. Plaintiff first learned of the existence of the claim of interest of the Defendants in the Subject Property on or after [date]. Prior to that time, Plaintiff had no reason to know of the claim of interest...