Condemnation cases must not be dismissed as to any of the land included in the instructions to condemn, nor may there be any change as to the interest or estate to be acquired unless expressly authorized by the Land Acquisition Section. (see JM 5-15.543 and 5-15.544). Orders of dismissal must be entered without prejudice. In the absence of a stipulation with the property owner in which he/she waives the right to costs, the federal court may award to the owner of any right, title or interest in such real property such sum as will in the opinion of the court reimburse such owner for his/her reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceeding, if the proceeding is abandoned by the United States. See Section 304(a), Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4654 (see JM 5-15.556). The procedure for dismissal is set forth in Rule 71.1(i), Federal Rules of Civil Procedure. See ENRD Resource Manual at 31 for forms of stipulation and order.

[updated April 2018]