In conclusion with the institution of condemnation proceedings, a notice of the pendency of the action, sometimes called a lis pendens shall be filed or recorded among the proper local records, except in any jurisdiction where the law is settled that the commencement of the action is notice to all persons affected. If more than one county or other recording jurisdiction is involved, a separate notice is necessary for each.

The steps necessary for the commencement of record notice are determined by the law of the particular state where the land is located. In some states, it may be advisable to record both a lis pendens and either the declaration of taking or (in a complaint-only case) the final judgment vesting title in the United States.

[cited in JM 5-15.530; JM 5-15.537; ENRD Resource Manual 5; ENRD Resource Manual 6; ENRD Resource Manual 7]

[updated April 2018]