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40 U.S.C. § 3115 — Irrevocable commitment of Federal Government to pay ultimate award when fixed
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Irrevocable Commitment.—** Action under [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3114&num=0&edition=prelim) irrevocably committing the Federal Government to the payment of the ultimate award shall not be taken unless the head of the executive department or agency or bureau of the Government 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 proceeding and has become irrevocably committed to pay the amount ultimately to be awarded as compensation, and the Attorney General believes 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 existing structures on the property and to erect public buildings or public works on the property.
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Stable record: federal_law:legal_authorities:record_usc_2019127fbc123ae64b3776de
Source file: Laws/federal/codes/united-states-code/title-40/section-3115-irrevocable-commitment-of-federal-government-to-pay-ultimate-award-when--ea9b6394bc.md
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Source location: Title 40, Chapter 31, § 3115; chapter-031-general.md
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**(a) Requirement for Irrevocable Commitment.—** Action under [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3114&num=0&edition=prelim) irrevocably committing the Federal Government to the payment of the ultimate award shall not be taken unless the head of the executive department or agency or bureau of the Government 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 proceeding and has become irrevocably committed to pay the amount ultimately to be awarded as compensation, and the Attorney General believes 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 existing structures on the property and to erect public buildings or public works on the property.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-tit
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3114
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Federal law — U.S. Code and appendices · legal_authorities
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 an
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 3115
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.