Chapter 307. To expedite the construction of public buildings and works outside of the District of Columbia by enabling possession and title of sites to be taken in advance of final judgment in proceedings for the acquisition thereof under the power of eminent domain
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CHAP. 307.— An Act To expedite the construction of public buildings and works outside of the District of Columbia by enabling possession and title of sites to be taken in advance of final judgment in proceedings for the acquisition thereof under the power of eminent domain. February 26, 1931.[[H. R. 14255](/us/bill/71/hr/14255).][[Public, No. 736](/us/pl/71/736).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in any proceeding Acquisition of public building sites for public use.*Ante*, p. 828.in any court of the United States outside of the District of Columbia which has been or may be instituted by and in the name of and under the authority of the United States for the acquisition of any land or easement or right of way in land for the public use, the petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority Declaration of taking to bo filed.empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the United States.
Said declaration of taking shall contain or have annexed Statements, etc., annexed.thereto—
(1)A statement of the authority under which and the public use for which said lands are taken.
(2)A description of the lands taken sufficient for the identification thereof.
(3)A statement of the estate or interest in said lands taken for said public use.
(4)A plan showing the lands taken.
(5)A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken. Upon the filing said declaration of taking and of the deposit in Title to vest in United States, upon deposit of just compensation.the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the United States of America, and said lands shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation Compensation to be ascertained.shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest at the rate of 6 Interest.per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court No commission charges.shall be charged with commissions or poundage. Upon the application of the parties in interest, the court may Payment upon application of parties in interest.order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be 1422If compensation award exceeds payment made, judgment entered for deficit.awarded in said proceeding. If the compensation finally awarded in respect of said lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the United States for the amount of the deficiency. Power of court to fix time for surrender of possession.Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the Orders respecting encumbrances, etc.petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. Sec. 2. Vesting of title not delayed by appeal. No appeal in any such cause nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the United States. Sec. 3. Payment of ultimate award. Action under this statute irrevocably committing the United States to the payment of the ultimate award shall not be taken unless the chief of the executive department or agency or bureau of the Government empowered to acquire the land shall be of the opinion that the ultimate award probably will be within any limits prescribed by Congress on the price to be paid. Sec. 4. Prior rights, eta, not abrogated. The right to take possession and title in advance of final judgment in condemnation proceedings as provided by this Act shall be in addition to any right, power, or authority conferred by the laws of the United States or those of any State or Territory under which such proceedings may be conducted, and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority. Sec. 5. Expenditures, eta, when United States committed to pay awards. In any case in which the United States has taken or may take possession of any real property during the course of condemnation proceedings and in advance of final judgment therein and the United States has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing existing structures on said land and in erecting public buildings or [R. S., sec. 355](/us/rs/s355).[U. S. C., p 1700](/us/usc/1700).*Proviso.*Validity of title.public works thereon, notwithstanding the provisions of section 355 of the Revised Statutes of the United States: *Provided*, That in the opinion of the Attorney General, the title has been vested in the United States or all persons having an interest therein have been made parties to such proceeding and will be bound by the final judgment therein. Approved, February 26, 1931.