RD 442-22 Opinion of Counsel Relative to Rights of Way

Position 5
Form RD 442-22
(Rev. 10-96)

UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT

FORM APPROVED
OMB NO. 0575-0015
OMB NO. 0570-NEW

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
Certificate,” executed by the Corporation on _____________________________________ , 19 ______ . I also have examined the “Rightof-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 ________________________________________

__________________________________________________

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0015. The time required
to complete this information collection 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.

RD 442-22 (Rev. 10-96)