The United States Attorney shall include the assigned monitoring attorney on Electronic Case Filing service list or alternatively transmit by email to the Land Acquisition Section, at the stages of the case hereinafter designated, successive partial transcripts to be combined at the conclusion of the case into a complete transcript of record. No documents included in one transcript need be duplicated in any subsequent transcript.

Initial Transcript. Upon the institution of the case there shall be transmitted to the Land Acquisition Section an initial transcript, which shall contain the following documents: the complaint (see ENRD Resource Manual at 24 or 25) and the notice of condemnation (see ENRD Resource Manual at 27). If a declaration of taking is filed, the dated receipt of the clerk of the court for the money deposited as estimated compensation. If an order of possession (see ENRD Resource Manual at 44) is obtained, the order, any other papers filed in connection with the institution of the case and evidencing recordation of the declaration of taking and/or lis pendens in the local land records.

Intermediate Transcript. Upon the entry of any judgment determining just compensation there shall be transmitted to the Land Acquisition Section an intermediate transcript consisting of:

1. A. the judgment together with a copy of the letter of transmittal if the judgment has been transmitted with a request for payment of a deficiency amount to the local representative of the acquiring agency as authorized at JM 5-15.582;
2. B. all papers of whatever nature filed in the case prior to and including the date of entry of the judgment (but excluding copies of papers included in transcripts previously transmitted to the Land Acquisition Section);
3. C. evidence of title, properly continued, see JM 5-15.533; and
4. D. certificate as to parties in possession and mechanics’ liens. See JM 5-15.536.

When an intermediate transcript is transmitted to the Land Acquisition Section, the United States Attorney should state in the accompanying letter of transmittal that the transcript constitutes, or when combined with partial transcripts previously transmitted will constitute, a complete transcript of the record of the case to date. If there is no deficiency the intermediate transcript may be combined with the final transcript.

Final Transcript. Upon the entry of a final judgment there shall be transmitted to the Land Acquisition Section a final transcript consisting of:

1. A. the initial judgment, unless copies of the judgment were previously transmitted to the Land Acquisition Section with the intermediate transcript;
2. B. the dated receipt of the clerk of the court for any additional money deposited pursuant to a judgment determining compensation;
3. C. evidence of title, properly continued as provided in JM 5-15.533;

All other related papers and curative data pertinent to the proceeding, such as affidavits, deeds, disclaimers (See ENRD Resource Manual at 49), releases, etc., necessary to show resolution of each defendant's claim;

Evidence that distribution or retention by the court clerk for five years pursuant to 28 U.S.C. § 2042 has been ordered of all funds which have been deposited in court by the government; and the final judgment vesting title in the United States.

[cited in JM 5-15.536; ENRD Resource Manual 19]

[updated April 2018]