The Declaration of Taking Act (see 40 U.S.C. § 3114) authorizes the United States to acquire an interest in land immediately upon the filing of a declaration of taking with a court and the deposit in the court of the estimated compensation stated in the declaration.

United States Attorneys must comply promptly with instructions from the Land Acquisition Section for filing of a declaration of taking and the deposit of estimated just compensation pursuant to the Declaration of Taking Act (see 40 U.S.C. § 3114). The final judgment should contain a finding by the court of the filing of the declaration of taking and the deposit of estimated compensation, the dates thereof, and an adjudication that title to the exact extent of the estate or interest described in the declaration is vested in the United States. The judgment should also contain an order for the surrender of possession if requested by the acquiring agency. Cases should be resolved as soon as practicable, both to minimize costs to the government and to compensate the landowner for the property taken.

Under the Declaration of Taking Act and Rules 71.1(j), Fed. R. Civ. P., the court may order that the money deposited as estimated compensation, or any part thereof, shall be paid forthwith to the rightful claimant. The purpose of the Declaration of Taking Act is, first, to give the government title to and possession of the land and to relieve the government of the burden of interest accruing on the amount of the deposit, and second, and of equal importance, to make funds available for immediate distribution to the former owner in the discretion of the court.

In furtherance of this purpose and in accordance with Fed. R. Civ. P. 71.1(j), United States Attorneys are required to actively assist landowners and the court, as amici curiae, in effecting prompt distribution of funds deposited pursuant to the Declaration of Taking Act. Detailed instructions with respect to distribution are set forth in the ENRD Resource Manual at 13.

Immediately upon the filing of a declaration of taking and the deposit of estimated compensation, the landowner and other parties interested should be notified by letter, by the United States Attorney of the deposit and the amount thereof and that government counsel will render assistance in effecting advance distribution without prejudice to the right of the landowner to claim a larger amount. A form letter with which there should be substantial conformance is found at the ENRD Resource Manual at 28.

[cited in JM 5-15.544]

[updated April 2018]