§3114 Declaration of taking

Summary

When the United States sues in a federal court outside Washington, D.C., to take land, an official can file a written declaration saying the Government is taking the land and attach certain papers. The filing must say who has the authority and why the land is needed, describe and show the land, state what kind of ownership is being taken, and give the Government’s estimate of just compensation. If the Government files that declaration and puts the estimated money into the court for the people owed payment, the Government immediately becomes the owner, the land is condemned for public use, and the owners’ right to compensation is fixed. A judge decides the final payment in the case, including interest from the date of taking to payment (but not on money already paid into court). The court can order immediate partial payments, set when occupants must leave, sort out liens, rents, taxes, and other charges, and if the final award is more than anyone got, the court will enter judgment against the Government for the shortfall. An appeal or a bond does not stop the Government from getting title.