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40 U.S.C. § 3118 — Right of taking as addition to existing rights
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.
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Stable record: federal_law:legal_authorities:record_usc_984178a7ba2b72096bb46cf6
Source file: Laws/federal/codes/united-states-code/title-40/section-3118-right-of-taking-as-addition-to-existing-rights--4b08b19a32.md
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Source location: Title 40, Chapter 31, § 3118; chapter-031-general.md
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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.
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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 117
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 3131
not more than one year, interest shall be cal-
culated from the date of taking at an annual
rate equal to the weekly average one-year con-
stant 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 re-
ferred to in section 3114 of this title, plus ac-
crued 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 Di-
rector of the Administrative Office of the United
States Courts shall distribute to all federal
courts notice of the rates described in para-
graphs (1) and (2) of subsection (a).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3116(a) ........
40:258e–1 (less last
sentence).
Feb. 26, 1931, ch. 307, § 6, as
added Pub. L. 99–656, § 1(2),
Nov. 14, 1986, 100 Stat.
3668;
Pub.
L.
106–554,
§ 1(a)(7) [§ 307(a)], Dec. 21,
2000, 114 Stat. 2763A–635.
3116(b) ........
40:258e–1 (last sen-
tence).
§ 3117. Exclusion of certain property by stipula-
tion of Attorney General
In any condemnation proceeding brought by or
on behalf of the Federal Government, the Att
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 3118
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.