United States Attorneys are required to actively assist landowners and the court, as amicus curiae, in effecting prompt distribution of funds deposited into the registry of the court as just compensation. Copies of all orders of distribution (ENRD Resource Manual at 41) should be promptly transmitted to the Land Acquisition Section. Federal Rule of Civil Procedure 71.1(j), which relates to distribution, provides that the court and attorneys shall expedite the proceedings for distribution and for the ascertainment and payment of just compensation in cases in which a deposit is made. Government counsel should obtain promptly and furnish to the court all information available as to the state of the title to the property and any liens, taxes, and encumbrances thereon. Government counsel should also assist landowners in the preparation of motions for, and orders of, distribution, see ENRD Resource Manual at 33 and 41, and affidavits for execution by the claimants in support of motions for distribution. If landowners have counsel, government counsel should advise landowner’s counsel to prepare the motions, and work with landowner’s counsel to make certain that the Government’s interests are protected, i.e. by including distribution to lienholders if necessary. Care should be taken to see that a proper order is entered for the payment of all taxes and assessments due and exigible at the time of vesting of title in the United States. Unless serious doubt exists as to the real ownership of the property, government counsel should not delay distribution of just compensation for any extended period for the procurement of curative material for the elimination of defects of title but should rely upon the condemnation procedure for that purpose. Instructions with respect to procedures in disbursing funds deposited in court are set forth in the ENRD Resource Manual at 13.

[updated April 2018]