The Attorney General is authorized in any condemnation case to stipulate on behalf of the United States to revest in the landowner title to any property or any part thereof or interest therein which may have been taken by the United States by declaration of taking (40 U.S.C. § 3117). See JM 5-15.512. The necessity for the revestment of property acquired by declaration of taking generally occurs in two classes of cases:

1. A. Where the estate taken is not the estate wanted. In cases in which through inadvertence or otherwise title has been taken to property or some portion thereof or an estate or interest therein not desired by the acquiring agency or found subsequently not to be needed for public use, United States Attorneys must obtain the prior authorization of the Land Acquisition Section for the revestment of property.
2. B. Where a former landowner wishes to remove property not needed by government. In cases in which the landowner desires to remove buildings, trees and shrubs, crops, or fixtures attached to the realty which are not needed or desired by the government, United States Attorneys are authorized to enter into stipulations for the exclusion of property without securing the approval of the Land Acquisition Section provided that the exclusion has been approved by the local representative of the acquiring agency. However, if the property is of high value, the specific approval of the Land Acquisition Section should be obtained.

[cited in JM 5-15.545; JM 5-15.650]

[updated April 2018]