PRIA, Government Policy, Made Personal

Summary

When the federal government brings a case outside Washington, D.C., to take land or an easement for public use, it may file a signed declaration with the lawsuit or any time before the judge decides. The declaration must include five things: who has the power to take the land and why it is for public use; a description and a plan that identify the land; what kind of ownership or interest is being taken; and the acquiring authority’s estimate of just compensation. If the declaration is filed and the estimated money is deposited in court for the people who should be paid, ownership of the stated interest immediately transfers to the Government, the land is taken for public use, and the right to payment goes to the entitled persons. The court decides the final compensation by judgment, which must include interest as set by section 3116 from the date of taking to payment. No interest is due on amounts already paid into court, and money deposited is not charged fees. The court can order immediate payments from the deposit, enter a judgment against the Government if the final award is higher than what a person received, set when and how occupants must leave, and make fair orders about liens, rents, taxes, insurance, and similar charges. An appeal or bond does not stop the Government’s ownership from transferring.

Title 40, §3114

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

(a)Filing and Content.—

In any proceeding in any court of the United States outside of the District of Columbia brought by and in the name of the United States and under the authority of the Federal Government to acquire land, or an easement or right of way in land, for the public use, the petitioner may file, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the land described in the petition, declaring that the land is taken for the use of the Government. The declaration of taking shall contain or have annexed to it—

(1)a statement of the authority under which, and the public use for which, the land is taken;

(2)a description of the land taken that is sufficient to identify the land;

(3)a statement of the estate or interest in the land taken for public use;

(4)a plan showing the land taken; and

(5)a statement of the amount of money estimated by the acquiring authority to be just compensation for the land taken.

(b)Vesting of Title.—

On filing the declaration of taking and depositing in the court, to the use of the persons entitled to the compensation, the amount of the estimated compensation stated in the declaration—

(1)title to the estate or interest specified in the declaration vests in the Government;

(2)the land is condemned and taken for the use of the Government; and

(3)the right to just compensation for the land vests in the persons entitled to the compensation.

(c)Compensation.—

(1)Determination and award.—

Compensation shall be determined and awarded in the proceeding and established by judgment. The judgment shall include interest, in accordance with section 3116 of this title, on the amount finally awarded as the value of the property as of the date of taking and shall be awarded from that date to the date of payment. Interest shall not be allowed on as much of the compensation as has been paid into the court. Amounts paid into the court shall not be charged with commissions or poundage.

(2)Order to pay.—

On application of the parties in interest, the court may order that any part of the money deposited in the court be paid immediately for or on account of the compensation to be awarded in the proceeding.

(3)Deficiency judgment.—

If the compensation finally awarded is more than the amount of money received by any person entitled to compensation, the court shall enter judgment against the Government for the amount of the deficiency.

(d)Authority of Court.—

On the filing of a declaration of taking, the court—

(1)may fix the time within which, and the terms on which, the parties in possession shall be required to surrender possession to the petitioner; and

(2)may make just and equitable orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges.

(e)Vesting Not Prevented or Delayed.—

An appeal or a bond or undertaking given in a proceeding does not prevent or delay the vesting of title to land in the Government.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3114(a)40:258a (1st par.).Feb. 26, 1931, ch. 307, § 1, 46 Stat. 1421; Pub. L. 99–656, § 1(1), Nov. 14, 1986, 100 Stat. 3668. 3114(b)40:258a (2d par. 1st sentence words before 1st semicolon). 3114(c)(1)40:258a (2d par. 1st sentence words after 1st semicolon, last sentence). 3114(c)(2), (3)40:258a (3d par.). 3114(d)40:258a (last par.). 3114(e)40:258b.Feb. 26, 1931, ch. 307, § 2, 46 Stat. 1422. In subsection (a), before clause (1), the words “which has been or may be” are omitted as unnecessary. In subsection (b)(1), the words “said lands in fee simple absolute, or such less” are omitted as unnecessary. In subsection (b)(2), the words “deemed to be” are omitted as unnecessary.

§3114 Declaration of Taking

Summary

Title 40, §3114

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata