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Title 40 — Public Buildings, Property, and WorksRelease 119-73

§3115 Irrevocable commitment of Federal Government to pay ultimate award when fixed

Title 40 › Subtitle SUBTITLE II— - PUBLIC BUILDINGS AND WORKS › Part PART A— - GENERAL › Chapter CHAPTER 31— - GENERAL › Subchapter SUBCHAPTER II— - ACQUIRING LAND › § 3115

Last updated Apr 6, 2026|Official source

Summary

An agency head must not make a final, binding promise that the federal government will pay a condemnation award unless they think the final payment will probably stay within any price limits set by Congress. If the government takes or may take ownership of land during a condemnation case and becomes firmly committed to pay the final award, and the Attorney General believes the government owns the land or that everyone with an interest is part of the case and will be bound by the final decision, then the government may spend money Congress set aside to tear down buildings there and build public buildings or public works.

Full Legal Text

Title 40, §3115

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)Action under section 3114 of this title irrevocably committing the Federal Government to the payment of the ultimate award shall not be taken unless the head of the executive department or agency or bureau of the Government empowered to acquire the land believes that the ultimate award probably will be within any limits Congress prescribes on the price to be paid.
(b)When the Government has taken or may take title to real property during a condemnation proceeding and in advance of final judgment in the proceeding and has become irrevocably committed to pay the amount ultimately to be awarded as compensation, and the Attorney General believes that title to the property has been vested in the Government or that all persons having an interest in the property have been made parties to the proceeding and will be bound by the final judgment, the Government may expend amounts appropriated for that purpose to demolish existing structures on the property and to erect public buildings or public works on the property.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3115(a)40:258c.Feb. 26, 1931, ch. 307, § 3, 46 Stat. 1422. 3115(b)40:258e.Feb. 26, 1931, ch. 307, § 5, 46 Stat. 1422; Pub. L. 91–393, § 4, Sept. 1, 1970, 84 Stat. 835. In subsection (b), the words “possession of” are omitted as unnecessary.

Reference

Citations & Metadata

Citation

40 U.S.C. § 3115

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73