§3114 Declaration of Taking

Summary

A federal agency can file a "declaration of taking" in a U.S. court outside the District of Columbia to take land, an easement, or a right of way for public use. The declaration must say who has the power to take the land and why; give a clear description of the land and the type of interest taken; include a map; and name the amount the agency estimates is fair payment. When the declaration is filed and the agency puts the estimated payment into the court for the people who should be paid, the land becomes the government's property, the land is condemned for public use, and the right to payment belongs to the owners. A judge will decide the final compensation and add interest from the date of taking under section 3116. No interest is paid on amounts already put into court, and those amounts are not charged fees. The court can order part of the money paid right away, can set when occupants must leave, and can make fair orders about liens, rents, taxes, insurance, and similar charges. An appeal or a bond does not stop the government from getting title to the land.