40 U.S. Code § 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 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—
(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) 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, 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.
(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
Source(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1145.)
|Revised Section||Source (U.S. Code)||Source (Statutes at Large)|
|3114(a)||40:258a (1st par.).||Feb. 26, 1931, ch. 307, § 1, 46 Stat. 1421; Pub. L. 99–656, § 1(1), Nov. 14, 1986, 100 Stat. 3668.|
|3114(b)||40:258a (2d par. 1st sentence words before 1st semicolon).|
|3114(c)(1)||40:258a (2d par. 1st sentence words after 1st semicolon, last sentence).|
|3114(c)(2), (3)||40:258a (3d par.).|
|3114(d)||40:258a (last par.).|
|3114(e)||40:258b.||Feb. 26, 1931, ch. 307, § 2, 46 Stat. 1422.|
In subsection (a), before clause (1), the words “which has been or may be” are omitted as unnecessary.
In subsection (b)(1), the words “said lands in fee simple absolute, or such less” are omitted as unnecessary.
In subsection (b)(2), the words “deemed to be” are omitted as unnecessary.