40 U.S.C. § 3113 — Acquisition by condemnation

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-