Where a declaration of taking has been filed, United States Attorneys must comply with instructions from the Land Acquisition Section requesting the entry of an order for the surrender of possession of property to the government. See ENRD Manual at 44. Unless the property is vacant the acquiring agency should be requested to advise that the necessary 90 days' written notice has been given of the date by which possession is required if any person lawfully occupying the property shall be required to move from a dwelling or to move his/her business or farm operation, as required by Section 301(5) of Public Law 91-646, approved January 2, 1971, 84 Stat. 1905. The acquiring agency should further be requested to provide an affidavit detailing the reason(s) the agency requires possession of the taken property. The affidavit is for use by United States Attorneys in the motion for possession. Notice of the entry of the order (ENRD Resource Manual at 44), and of the date provided therein for the surrender of possession are controlled by Fed. R. Civ. P. 5 and 77(d). Service of a copy of the order should be made upon the person in possession of the land in accordance with Fed. R. Civ. P. 5(b), or service should be made in the manner and within the time directed by the court in the order.

If the party in possession refuses to surrender possession as provided in the order, application should be made, in accordance with Fed. R. Civ. P. 70, for a writ of assistance to put the government in possession. Application for a citation in contempt under Rule 70 should not be made without the prior approval of the Land Acquisition Section.

[cited in ENRD Resource Manual 5]

[updated April 2018]