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40 U.S.C. § 3114 — Declaration of taking
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
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Stable record: federal_law:legal_authorities:record_usc_8ae240af535595207a355023
Source file: Laws/federal/codes/united-states-code/title-40/section-3114-declaration-of-taking--897c17ba95.md
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Source location: Title 40, Chapter 31, § 3114; chapter-031-general.md
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**(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-title40-section3116&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Calculation.—** The district court shall calculate 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 not more than one year, interest shall be calculated from the date of taking at an annual rate equal to the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of taking.
(2) **Period of more than one year.—** — Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with paragraph (1) and interest for each additional year shall be calculated on the amount by which the award of compensation is more than the deposit referred to in [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3114&num=0&edition=prelim), plus accrued interest, at an annual rate equal to the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year.
**(b) Distribution of Notice of Rates.—** The Director of the Administrative Office of the United States Courts shall distribute to all federal courts notice of the rates described in paragraphs (1) and (2) of subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3116
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3115
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Federal law — U.S. Code and appendices · legal_authorities
The right to take possession and title in advance of final judgment in condemnation proceedings as provided by [section 3114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3114&num=0&edition=prelim) is in addition to any right, power, or authority conferred by the laws of the United States or of a State, territory, or possession of the United States under which the proceeding may be conducted, and does not abrogate, limit, or modify that right, power, or authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3118
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 3114
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