
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC258a]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
             CHAPTER 3--PUBLIC BUILDINGS AND WORKS GENERALLY
 
Sec. 258a. Lands, easements, or rights of way for public use; 
        taking of possession and title in advance of final judgment; 
        authority; procedure
        
    In any proceeding 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 
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 
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 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 
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 in accordance with section 258e-1 of 
this title 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 shall be charged with 
commissions or poundage.
    Upon the application of the parties in interest, the court may 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 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.
    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 
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.

(Feb. 26, 1931, ch. 307, Sec. 1, 46 Stat. 1421; Pub. L. 99-656, 
Sec. 1(1), Nov. 14, 1986, 100 Stat. 3668.)


                               Amendments

    1986--Pub. L. 99-656 substituted ``interest in accordance with 
section 258e-1 of this title'' for ``interest at the rate of 6 per 
centum per annum'' in second par.


                               Short Title

    Act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as amended, which is 
classified to section 258a et seq. of this title, is popularly known as 
the ``Declaration of Taking Act''.


                    Federal Rules of Civil Procedure

    Procedure in condemnation proceedings, see rule 71A, Title 28, 
Appendix, Judiciary and Judicial Procedure. Section as not affected by 
that rule, see note of the Advisory Committee set out thereunder.


                            Cross References

    Condemnation of property, right of Government officers, see section 
257 of this title.
    District of Columbia, eminent domain, see, section 16-1301 et seq. 
of the District of Columbia Code.
    Jurisdiction and venue in condemnation cases, see sections 1358 and 
1403 of Title 28, Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 258b, 258c, 258d, 258e-1 of 
this title; title 10 section 7422; title 16 sections 79c, 831c; title 25 
sections 500a, 941j, 1724, 1754; title 33 section 598; title 39 section 
410; title 42 sections 1502, 1592d, 1594a, 2222, 4651; title 43 section 
1522.
