40 U.S.C. § 3114 — Declaration of taking
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 533 words · no verdicts yet
In a Federal condemnation case outside the District of Columbia, the Government may file a declaration taking land before final judgment. Filing it and depositing estimated compensation transfers the specified title or interest to the Government.
(a) Filing and content. In a United States court outside the District of Columbia, the petitioner may file, with the petition or before judgment, a signed declaration taking land, an easement, or a right-of-way for public use. The declaration must state the authority and public use; describe the land well enough to identify it; state the estate or interest taken; include a plan; and state the acquiring authority’s estimate of just compensation. (b) Vesting of title. When the declaration is filed and the estimated compensation is deposited in court for the people entitled to it: (1) the title to the stated estate or interest vests in the Government; (2) the land is condemned and taken for Government use; and (3) the right to just compensation vests in the people entitled to it. (c) Compensation. (1) Determination and award. The proceeding and judgment establish the compensation. The judgment must include interest under section 3116 on the property’s final value as of the taking date, from that date until payment. No interest is allowed on compensation already paid into court, and no commission or poundage may be charged on deposited amounts. (2) Order to pay. On an interested party’s application, the court may order immediate payment of some deposited money toward the compensation. (3) Deficiency judgment. If the final award exceeds what an entitled person received, the court must enter judgment against the Government for the difference. (d) Authority of court. After the declaration is filed, the court may: (1) set when and on what terms people in possession must surrender possession; and (2) make just and equitable orders about encumbrances, liens, rents, taxes, assessments, insurance, and other charges. (e) Vesting not prevented or delayed. An appeal, bond, or undertaking does not prevent or delay title from vesting in the Government.
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—
a statement of the authority under which, and the public use for which, the land is taken;
a description of the land taken that is sufficient to identify the land;
a statement of the estate or interest in the land taken for public use;
a plan showing the land taken; and
a statement of the amount of money estimated by the acquiring authority to be just compensation for the land taken.
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—
title to the estate or interest specified in the declaration vests in the Government;
the land is condemned and taken for the use of the Government; and
the right to just compensation for the land vests in the persons entitled to the compensation.
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.
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.
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.
On the filing of a declaration of taking, the court—
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
may make just and equitable orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges.
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.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1145.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1145
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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