40 U.S.C. § 3114 — Declaration of taking

Page 115 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3114 SUBCHAPTER II—ACQUIRING LAND § 3111. Approval of sufficiency of title prior to ac- quisition (a) APPROVAL OF ATTORNEY GENERAL RE- QUIRED.—Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is ac- quiring the property. (b) DELEGATION.— (1) IN GENERAL.—The Attorney General may delegate the responsibility under this section to other departments and agencies of the Gov- ernment, subject to general supervision by the Attorney General and in accordance with reg- ulations the Attorney General prescribes. (2) REQUEST FOR OPINION OF ATTORNEY GEN- ERAL.—A department or agency of the Govern- ment that has been delegated the responsi- bility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with deter- minations as to the sufficiency of titles. (c) PAYMENT OF EXPENSES FOR PROCURING CER- TIFICATES OF TITLE.—Except where otherwise au- thorized by law or provided by contract, the ex- penses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appro- priations made for the contingencies of the ac- quiring department or agency of the Govern- ment. (d) NONAPPLICATION.—This section does not af- fect any provision of law in effect on September 1, 1970, that is applicable to the acquisition of land or interests in land by the Tennessee Val- ley Authority. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3111(a) ........ 40:255 (1st par.). R.S. § 355 (1st–5th pars.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Pub. L. 91–393, § 1, Sept. 1, 1970, 84 Stat. 835. 3111(b) ........ 40:255 (2d, 3d pars.). 3111(c) ........ 40:255 (4th par.). 3111(d) ........ 40:255 (5th par.). In subsection (d), the words ‘‘in any manner’’ are omitted as unnecessary. § 3112. Federal jurisdiction (a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required that the Federal Government ob- tain exclusive jurisdiction in the United States over land or an interest in land it acquires. (b) ACQUISITION AND ACCEPTANCE OF JURISDIC- TION.—When the head of a department, agency, or independent establishment of the Govern- ment, or other authorized officer of the depart- ment, agency, or independent establishment, considers it desirable, that individual may ac- cept or secure, from the State in which land or an interest in land that is under the immediate jurisdiction, custody, or control of the indi- vidual is situated, consent to, or cession of, any jurisdiction over the land or interest not pre- viously obtained. The individual shall indicate acceptance of jurisdiction on behalf of the Gov- ernment by filing a notice of acceptance with the Governor of the State or in another manner prescribed by the laws of the State where the land is situated. (c) PRESUMPTION.—It is conclusively presumed that jurisdiction has not been accepted until the Government accepts jurisdiction over land as provided in this section. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3112(a) ........ 40:255 (last par. 1st sentence words before semicolon). R.S. § 355 (last par.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083. 3112(b) ........ 40:255 (last par. 1st sentence words after semicolon). 3112(c) ........ 40:255 (last par. last sentence). Subsection (a) is substituted for 40:255 (last par. 1st sentence words before semicolon) to eliminate unneces- sary words. In subsection (b), the words ‘‘exclusive or partial’’ are omitted as unnecessary. § 3113. Acquisition by condemnation An officer of the Federal Government author- ized to acquire real estate for the erection of a public building or for other public uses may ac- quire the real estate for the Government by con- demnation, under judicial process, when the offi- cer believes that it is necessary or advantageous to the Government to do so. The Attorney Gen- eral, on application of the officer, shall have condemnation proceedings begun within 30 days from receipt of the application at the Depart- ment of Justice. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3113 ............ 40:257. Aug. 1, 1888, ch. 728, § 1, 25 Stat. 357; June 25, 1948, ch. 646, § 6, 62 Stat. 986. The words ‘‘the Secretary of the Treasury or any other’’ are omitted as unnecessary. The reference to section 258 is omitted because 40:258 is superseded by rule 71A of the Federal Rules of Civil Procedure (28 App.: U.S.C.). § 3114. Declaration of taking (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 author- ity 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 pe- tition or at any time before judgment, a declara- tion of taking signed by the authority empow- Page 116 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3115 ered 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 tak- ing 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 esti- mated by the acquiring authority to be just compensation for the land taken. (b) VESTING OF TITLE.—On filing the declara- tion of taking and depositing in the court, to the use of the persons entitled to the compensation, the amount of the estimated compensation stat- ed 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 com- pensation. (c) COMPENSATION.— (1) DETERMINATION AND AWARD.—Compensa- tion 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. Inter- est 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 par- ties 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 compensa- tion 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 pe- titioner; and (2) may make just and equitable orders in re- spect of encumbrances, liens, rents, taxes, as- sessments, insurance, and other charges. (e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond or undertaking given in a pro- ceeding does not prevent or delay the vesting of title to land in the Government. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1145.) HISTORICAL AND REVISION NOTES Revised Section Source (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 semi- colon). 3114(c)(1) .... 40:258a (2d par. 1st sentence words after 1st semi- colon, last sen- tence). 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 sim- ple absolute, or such less’’ are omitted as unnecessary. In subsection (b)(2), the words ‘‘deemed to be’’ are omitted as unnecessary. § 3115. Irrevocable commitment of Federal Gov- ernment to pay ultimate award when fixed (a) REQUIREMENT FOR IRREVOCABLE COMMIT- MENT.—Action under section 3114 of this title ir- revocably committing the Federal Government to the payment of the ultimate award shall not be taken unless the head of the executive de- partment or agency or bureau of the Govern- ment 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) AUTHORIZED PURPOSES OF EXPENDITURES AFTER IRREVOCABLE COMMITMENT MADE.—When the Government has taken or may take title to real property during a condemnation proceeding and in advance of final judgment in the pro- ceeding and has become irrevocably committed to pay the amount ultimately to be awarded as compensation, and the Attorney General be- lieves 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 exist- ing structures on the property and to erect pub- lic buildings or public works on the property. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.) HISTORICAL AND REVISION NOTES Revised Section Source (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 omit- ted as unnecessary. § 3116. Interest as part of just compensation (a) CALCULATION.—The district court shall cal- culate interest required to be paid under this subchapter as follows: (1) PERIOD OF NOT MORE THAN ONE YEAR.— Where the period for which interest is owed is