Negotiations for compromise settlement should be undertaken by the United States Attorney with the cooperation of the local office of the acquiring agency. Negotiations should be initiated or entered into only after the appraisals have been thoroughly examined and found to be sound. If evaluations vary greatly, then consultations with appraisers first should be had to clarify or correct any possible misapplication of the facts or legal principles involved. If the appraisals are not satisfactory, or vary greatly, the United States Attorney should engage additional appraisers.

Settlement should never be sought for statistical purposes. Where settlement negotiations lead to an offer in any case that is deemed by the condemnation attorney to be a reasonable reflection of fair market value, in light of the pertinent appraisal reports, the risks and costs of trial and the effect of the settlement upon other pending cases, he/she is encouraged to consummate the settlement with dispatch, if it is within his/her authority to do so (see JM 5-15.630), or to furnish the settlement offer to the Land Acquisition Section for approval (see JM 5-15.640).

Detailed procedures with respect to settlements are set forth in the ENRD Resource Manual at 17.

[cited in JM 5-15.600; ENRD Resource Manual 11]

[updated April 2018]