A PROCEDURAL GUIDE FOR THE ACQUISITION OF REAL PROPERTY BY GOVERNMENTAL AGENCIES

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• Collection: General CIA Records
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• Document Creation Date: December 22, 2016
• Document Release Date: April 11, 2012
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A PROCEDURAL GUIDE
vol i
ACQUISITION OF REAL PROPERTY BY
GOVERNMENTAL AGENCIES .
. DEPARTMENT OF JUSTICE
LAND AND NATURAL RESOURCES DIVISION
1972
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no
Foreword--------------------------------------------------------- IT
Introductory------------------------------------------------------ I
1. Initial steps to be taken by the acquiring agency prior to acquisition
of the land------------------------------------------------ I
A. Initial planning------------------------------------------ 1
1.
Necessity for acquisition--------------------------------
2.
Legislative authority-----------------------------------
3.
Procure survey and maps-------------------------------
4.
Prepare project plans of operation ---------------------_,
B. Procurement of title evidence______________________________ 3
1. Agency to obtain title evidence expeditiously---- - - - - - - - - - - 3
2. Use of standards compiled by Department of Justice- - - - - - - 4
3. Contracting for title evidence ------------------ --------- 4
4. Obtaining curative data and pertinent information-- - - - - - - - 4
C. Procurement of apprai---------------------------------- 5
1. Number and qualification of appraisal report - - - - - - - - - - - - - - 5
2. Selection of appralesrs---------------------------------- 5
3. Appraisal contracts and fees----------------------------- 6
4. Appraisal reports -------------------------------------- 6
:i. Evaluation of appraisal evidence------------------------- 10
a. Prior sales of property being acquired- - - - - - - - - - - - - - - - - 10
b. Sales of other properties_____________________________ 10
e. Capitalisation of income----------------------------- 11
d. Reproduction cost now lees depreciation- -- - - - - - - - - - - - - 12
6. Appraisal analysis------------------------------------- 13
1). Negotiation procedures and contracts with landowners - - - - -- - - 13
1. Pamphlet entitled "Progress, Property, and Just Compensa-
tion" should be furnished landowners affected by project__. 14
2. Performance by negotiator------------------------------ 14
:i. Caution against permitting indiscriminate landowner exam-
ination of Government appraisals------------------------ 14
4. Detail expenses to he incurred by landowner in effecting a
"ttlement -------------------------------------------- 14
5. EmpbasLsa avenues of savings --------------------------- 15
6 Avoid any possible representations that project as presently
planned is eompleto or that there will be no further need of
additional property being acquired------------------------ 15
7. Negotiator should assure enforceable contract if direct
purchase agreement is reached--------------------------- 15
II. Acquisition by direct purchase----------------------------------- 16
A. Initiating requests for preliminary opinions of title----- - - - - _ - 16
1. "Purchasso AsMombly" to be sent to Justice Department--- - - - 16
2. Preliminary opinion will be furnished to the acquiring agency. 16
For - by tar Sapaiatss4sat of Dena noft U.S Omrassaat Prratlag Oela
wealugun, D.C. X
Steen Ne. en-01e..enaa.s
1
2
2
3
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M Acquisition by
B Closing a di est purcheMe asgaltloa------------------------ 17
1. U dodag ls to be handled by Jasttce---------------------
Z. If dosing is by an attornq of the aPncy which handles its
is
own closing ---------?---------------------
------ti - the
3. Action required for dosing by either Justice or apncy------ is
C.
Attorney Gm - far S Ana --- ------7 21
,1. Aomplet purchase anen-bly_ -- --- 21
General to be furnished to
2. A steal opinion ion by by the Attoene7 22
M. Material A14 informsUm to be fwsiebod, "~ -request -for
A.
eondsmnatioa--------?--?--------------?---------?------- 28
1. R.Quest initiated by letter to the Attorney General; require-
mente to beinaluded? ---------------------------------- 23
2. Declaration of taking---if one ls to be AM ---------------- 25
Razukrussaft for a Oondmbsdon request without a declare 29
3.
tlon of toLing--------------??------------?----------?- 29
4. Statement d need far coodemnat on d land valued at $4,000
orlon------------- ----------------------
S. Doeumants to accompany all rulmste for condemnat on---- 26
B. Procedure alt& condemnation ProOeedinp arc requested _ - - - - - 27 27
1. Government ownership to be posted ------------------ ---
2. Agency representatives should order a continuation of the
casting title evidence---------------------------------- 28 27
3. Appraisals to be updated to date Of taking----------------
4. Cooperation should continue after referral for oondamne
Lion-------------? ----------------- 2
4
29-3
C. Settlements------------- ---------- --- 31
Appendix 1. Conditions preosdent.in authorizing ant-------------------------- 32
2. Discussion of policy when owner insists that so-called "severance
damages" be fined in definite amount in settlement stipulation----- 3$
3 Land and Natural Reeouren Division Directive No. 11-68 re Prepare
tion and review of appraisal evidence for trial-------------------- 39 34
kppendis B (Table at Forme)--------------------------------------- 40
1. Suggested wording for various estates in land---------------------
b. Flowage easement (perassent flooding)-------------------- w-
e. Fbwap easement (oaceebnal flooding)--------------------- 441
41
1
d. Access road eenment------------------------------------
a. Borrow easement---------------------------------------- V
f. Borrow pit and spoil area eessum" and rightrd-Way--------- 42
g. Drainage ditch easemsnt----------------------------------
42
h. Extinguishment of rights in oemetery-----------------------
43
i. Leasehold estate for unimproved land---------------------- 43
j. Moratorium on outstanding minerals ----------------------- 43
k. Railroad eaeemat---------------------------------------
3
1. Road easement------------------------------------------ 43
m. Temporary casement for exploratory purpose----------------
n. Utilitise and/or drainage easements-- ---------
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2. Offer to all rash property (option oontraot)-----------------------
3. Offer to sell easement (option coatrset)--------------------------
4. Grtiflaale of inspection and ponession--------------------------
S. DheWmer-------------------------------------------------- -
6. Closing "twnwt ---------------------------------------------
7. Declaration of tamn;------------------------------------------
8. Appraisal analysis form----------------------------------------
p..
45
48
50
32
:i3
54
57
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FOREWORD
This pamphlet is a revision of an earlier guide first published in
1065 and extensively revised in 1968. Its purpose is to assist in attain-
ing substantial uniformity in land acquisition practices throughout
the Government, based upon the experiences rimy in the ace of tl r
procedures first inaugurated, and the infusion of now ideas and the
passage of now laws over the past yeam
in the foreword to
The purpose of the publication was discussed
the 1965 edition, wherein it was stated : of
It is imperative that Federal land acquisition a modal
fairness and ed'iciency. The United States must talcs property only
when it needs it and owns no property available for the purpose.
It must take that estate sufficient for project purposes which is
fairest to the taxpayers and owner alike. It must immediately
assume control of property acquired, fully protect its interact in
that property, and devote the property to all beneficial uses cm-
sistant with project purposes. It must treat property owners with
perfect fairness, give them every consideration consistent with
project needs, provide them an opportunity to sell at a fair market
value, or an early opportunity to litigate the issue of just compen-
sation. It must we that just compensation is paid without delay.
It is essential, if these goals are to be achieved, that Federal
land acquisition be handled with uniformity-no matter whets or
for what agency the land is acquired. This requires consolidation
of land acquisition into as few agencies as possible and a high
degree of coordination and cooperation among those agencid.
Continued gratitude must be expressed to those who did the carefel
organisational work and oa~apmpiled the material for pat edittoaC79a
impact of the procedures outlined herein upon the total land aoqui&
tion program of the Government can be measured by the sigaifcaat
gains achieved in making land procurement more responsive to pablis
Deeds with fairness both to landowners and to the public weal.
Although the present edition, as revised, represents a subStAntial
step forward, it is hoped that the described procedures will continue
to evolve. As more experience is accumulated, and interagency co-
operation increases, the wide will be further revised and refined.
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Much credit for this revision must be redound to those who heeded
our previous summons to submit suggestions acquired through appli-
cation of the procedures detailed in the original editions. Because of
the success generated by this appeal, we continue to solicit the candid
suggestions of all who have occasion to use this manual.
K& NT b'PT27TT r.,
Assistant Attorrwy General,
Land and Natural Resources Division.
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Iwtrodnctory: In the instant revision of this Proeadural Guide, preferred pro-
adores for coordinating apoq &W81 0111 and peocoodemnatlon aegotlatioa
reapondbtlity with lUiptive terpoosibility of the Department of Justice are
set out in summary, outline form in the test of this brochure. Sug eetioas for
the guidance of acguirlag agency personnel with respect to t'a< and
carrying out the land acquisition pros. are Included In Appendix A. tnf"rs.
pains M SL
I
INITIAL STEPS TO BE TAKEN BY THE ACQUI&
ING AGENCY PRIOR TO ACQUISITION OF THE
LAND
A. INITIAL PLANNING .
1. Necessity for acquisition must be determined by agency legal
o *W in foaming ways :
a. Availability of other uitabls land.-It should be ascertained
whether available federally owned' land could be used for project
in lieu of land contemplated for acquisition.'
b. Need for estate or interest proposed for taking.
(1) The character of the estate or interest needed for primary
purpose should be determined and categorized in the manner sug-
gested by form 1, appendix B, infra, page 40. In this connection,
when the nature of the estate required is such that the Government
is likely to have to pay substantially the fee value of the land, the
fee simple title should normally be acquired.'
i If such land exists. arransemeab should be made for the treader of Its on to the pro-
posed project In this connection. it should he borne In mind that a revocable lieess or
permit does not constitute propaty for which the United state. Is liable WPM eondematina.
and panne to the licenses or permltt? no estate or interest to the land. I4.g.. Actea T. United
Marta, 401 F. 2d 994 (C.A. S. 1999) and authorities then died. Accordingly. If the property
to be acquired Includes leads bung need seder a revoshi Besses err psemtt lowed b a
Is torsi agency (e.g., grazing permits, greaten prelPeetta$ permits. bets. taaachlceh
lieeaoes to enet river and harbor strneteta, permits to erect sad malatain telephone and
power 11nn, licsmm to oeeepy. bam or nu WIas arses (wppoeme autlewids ate clad
Is otbsrae T. (sitter States, 149 F. 2d 198. 994 fn. S (C.A. 9. 1944) sal to oasis v. Veiled
tints., 4017.26 994 (CA. 9, 1948) ), the agora dedrlag to aeg;dro the 1110 at the ps09e14
shield ask* arrangements (a) for the reroeatiss of the rrrecW lbeaae or permit by the
Ibder.l agency issuing the revocable lresnes or permit and (b) for such sea rights is the
property as are appropriate. The General Suntan Admialstratlea anasalty cOapits sad
losses as tavestory of Federal real property b*WftW
' Soo a&. the express prerisioes is this reepeet net out in the Joint Palley statement of
the Department of the Army and the Department at the Interior relative to ressevde
prefect lands (!T Fi.1T94).
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(2) Coordination of project with other agencies should be con-
sidered to utilize remainder interests and avoid severance damage
paymentsa
(3) Consideration should be given to providing access, water,
etc,, to severed properties, if consistent with purpose of taking, to
minimize severance damages. Similar consideration might be given
to excepting mineral interests.
e. Consideration should be given to the ultimate cost of interests
tak.n. A term for years may be cost-justified if the property is likely
to be used for short-time intervals; it cannot be cost-justified if the
terms are to be successively extended.
2. Legislative authority for acquisition rnsut be established in the
following particulars:
a. The statutory basis for operating the prograw for which prop-
erty will be wed.
(1) Authority for acquiring land.
(2) Appropriation from which just compensation is to be paid
and limitations on the amount that can be spent for land
acquisition.
(3) If fund is limited, a finding should be made as to whether
a taking is required for an essential public purpose before just
compensation is determined in condemnation proceedings.'
b. If defects in the agency's authority to condemn are found, or if
the extent of that authority is unclear, it is recommended that clari-
fying legislation or an explicit authorization in an appropriation act
be obtained before acquisition of properties is commenced.?
3. Procure Surveys and Maps.
a. Planning map.-A planning map on one sheet should be pre-
pared showing the following :
(1) Exterior boundaries of the real property to be acquired and
the parcels therein.
(2) The general location of major improvements and structures,
? Bea 9son () it pub. L 91-Nd. approval Jas. 2. 15711. 34 Beet. 1954. 1501. Pro
as fellow. :
e6r owanear el VA* te as a Basso.
-(5) If tla aaoddtfoa it oay Part of a Orwwart7 weds lamHana its
ews
aawle roaaaast. the lead of the To*sral menu oaale~sM MOO
PM" Typ e ilaftiei statatea, U W eeett1aatfNa regatrod to seem paay radiants far star
ereathl by eeail
8sMaatioa, an set out at P. 2& joky-. in ~PP~la Ant r'+~PP 21
preeedest in a*tbor(slei sea appear
e Per a dtaeodoa and ettition of aetbortttes rolattai to statutory au n b
eoadsss& an I l./.ml Oosd.aasatba 9a.Aoot. use. 1.100. For 17fdd1lbSeWith WOM"t
at to a
the rliht of the Goreremest to seoetre lands by loaathon or purdaae iu
reverter coadltloar. opttoew. aa4 urr rr?trlefloss...5 arltelatlons >hte?t _ Goolral
towed oa October 4. 1970. pur.aat to Pub. L 91-191. appro 19TO, 84
Beat 131 and page 4. isft .
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(8) The location of proposed Government construction. This
map should show the general outlines of the construction areas ap-
propriately identified (runways, barracks and administration areas,
lousing areas, etc.). In any acquisition of real property where the
rrgnirenu'nt is bused on teelinical criteria (such as airfields, ammuni-
tion storage areas, and communication stations), the planning map
should show such criteria schematically .
(4) The location of existing rights-of-way for roads, highways,
railways, utilities, etc.
(5) The proposed route of relocation of any of the rights-of-way
mentioned in (4) above. If the proposed route of any proposed re-
location of a right-of-way lies too great a distance from the real
property proposed for acquisition to be shown on this map, the pro-
posed relocation routes should he shown in the vicinity map.
(6) The approximate location and direction of flow of natural
water courses.
(7) A small-scale location insert showing the general location of
real property.
(8) Any other pertinent information having a bearing on plans
for the acquisition of the real property.
In order that project limits may be ascertained and difficult enhance-
ment questions avoided, the maps should be sufficiently broad to in-
clude all property for which project use is a foreseeable possibility.
Such other maps should be prepared as will be helpful in determining
the type of terrain, the vicinity of the land, and its location in connec-
tion with the existing and proposed facilities.
b. Map legend.-Since any map is merely for intragovernment use,
is not expressive of the final project, and cannot be relied on by land-
owners to indicate enhancement they may expect or special damage
they may suffer, e.g., from proximity to a possibly harmful feature, all
maps should be marked "This map is illustrative only. It does not,
of itself, define the final approved project."
4. Prepare Project Plows of Opowgiom
In reservoir projects whore flowage easements are acquired, there
should be clearly designated plans of operation to avoid multiple liti-
gation for subsequent changes in operation under the original project
authorization.
B.PROCUREMENT OF TITLE EVIDENCE
L Agency to obtain title data expeditiowly.
An agency which has authority to acquire land should obtain all
necessary title data for use in negotiations for purchase and later, if
necessary, for use in condemnation proceedings,
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2. Use of Standar i Of Department Of Jw"-
Title evidence obtained should conform to "Standards for the
Preparation of Title Evidence in land Acquisitions by the United
Staten," issued by the Department of Justice, since the Attorney Gen-
eral must (with certain exceptions) approve titles and conduct con-
damnation proceedings, unless authority to do so has been delegated
to the interested Department or Agency pursuant to Pub. L. 91498, ap-
proved September 1, 1970, 84 Stat. 885.
3. Contracting for Title Evidence.
a. Contrada for title evidence should be let as soon as property
needed is identified.
b. To assure the prompt delivery of the final continued abstract
or final We certificate or title insurance policy, provision should be
made for withholding a portion of the contract price until the actual
delivery of the final form of the title evidence.
a In condemnation proceedings where a declaration of taking has
been filed :
(.1) Generally it is not necessary to contract for a final certifkate
of title or title insurance policy when lands are acquired by the
filing of a declaration of taking in a condemnation proceeding-
although arrangements must be made for the continuance of the
We data to disclose the pendency of the condemnation suit. Other
than this exception, the standards and requirements for fee ac-
quisition by direct purchase should be observed.
(2) Each agency will be primarily governed in all such cases
by the requirements of the local representative of the Department of
Justice charge with the prosecution of the condemnation proceed-
ings, such as the necessity of obtaining an intermediate search or
title certificate to cover the period from the date of the preliminary
title examination to the data of the filing for recordation of either
a lit pendent or the judgment on the declaration of Wring in the
local land records.
4. Curative Data and Other Pertinent Information Not D+adoesd
~Y a Title Certificate or Abstract.
V is. The acquiring agency should obtain and furnish as specified
hereinafter:
(1) Pill information concerning owners, including informat>ioa
as to minors, incompetents, persons in possession,' adverse claims
encountered, and any other information usually not included in
title certificates, but which has a bearing on who must be made
parties to a ,ondemnation suit. The material furnished should
? 4 this comer . Wm we hhr. YR 11. IL
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include a detailed analysis of title data and oonelusioa by the acquir-
ing agency on ownership.
(2) As full information as possible regarding ownership, both
in cases of direct purchase and condemnation.
(8) For the United States Attorney, without awaiting his request
therefor, title curative data relating to tracts being condemned, such
as affidavits of heirships, certificates as to ix-ruons 'it Possession, or
evidence of unrecorded conveyanoes.
b. When a title company fails to furnish promptly necessary oon-
tinutsion evidence in accordance with its contract, the acquiring agency
should, without delay, furnish certificates of search prepared by agency
personnel or by other qualified persons, or such other information as the
United States Attorney may require.
C. PROCUREMENT OF APPRAISALS
1. Compliance With Uniform Appraisal Standards.
Appraisals should be prepared in compliance with the "Uniform
Appraisal Standards for Federal Land Acquisitions" issued by the
Interagency Land Acquisition Conference (1972).
2. Number and Qualification of Appraisal Reports.
a. In any acquisition of substantial value involving any significant
need for condemnation proceedings the acquiring agency should ob-
tain at least two appraisal reports by appraisers acceptable to the
United fates Attorney and meet the requirements of subparagraph 4
below.
b. Such reports should be obtained prior to any change in character
of the property or use and should be reviewed and approved by the
United States Attorney's office as a competent basis for expert valua-
tion testimony prior to the conclusion of direct purchase negotiations
whenever practicable.
e. By use of the procedure suggested, negotiations by the agency
will be concluded on the same factual basis as a claim will be pressed in
condemnation; it may even enable trial counsel to evaluate trial risks
and participate in realistic negotiations for purchase of controverted
tracts within the limits of agency compensation authority before am-
damnation proceedings are commenced'
8. Selection of Appraisers.
a. The names of independent appraisers being considered should
be submitted to the United States Attorney for his advance approval,
thereby eliminating, in most instances, the necessity for the United
States Attorney to employ another appraiser at a later date for trial
,?A recent dlreetive to personnel of the Land and Natural Resources Dirldou satitlsd
.Treparatloe and aeriew of Appraisal, irideaee tar Ttnai" 4 raprodoad to appendix A.
tat-, pp. 34--37.
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purposes and avoid the unfavorable inferences and problems caused by
changing appraisers midway in what really is a single transaction.
b. This will insure that the appraisers who will testify at a trial
are able to make their inspections at an early date, before the appear.
once of the property is altered.
c. If unqualified appraisers are a nsployed who carrot. be used in
trials, this information is frequently obtained by opposing emunsel
who attempt to subpoena them..or use the fact to prejudice the Gov-
ernment's c ewe. in trials.
4. dppmienl Contrsetx erred Feexx.
a. After consultation with an appropriate repro entatire of thaI)e-
partment of Justice, the acquiring agency should contract for the
appraiser's norits s for trial preparation and testifying at trial, and
for "updating" the appraisal, during the initial purse of contracting
for the report.
b. If the property to lw acquired has timber in commercial quanti-
ties, mineral deposits, growing cropet, or any other element which may
increase the valve of the land, care should be taken to insure that
appraisers ire employed who are qualified to evaluate the extent to
which such timber, minerals, crops, etc., may enhance the market slue
of the land in that area. In the ease of a highly specialized element
of valve such as uranium, refractory clay, or vast amounts of timber,
experts in those fields should lw ohtained to determine amounts, qual-
ity, extractability. accessibility, commercial demand. etc. If possible.
these experts should also be qualified to determine and testify to the
extent to which the presence of such deposits or other elements, ac-
tually enhance the market value of the land.
c. Appraisers should he advised of the scope of appraisal desired
and the guidelines set out in paragraphs :) and 6 of this part IC; and
they should specifically be instructed to consider so-called "severance
damages" and project influence to assure an offset of benefits in partial
taking cases. discussed mfrs, pages 7-9.
d. When it has been found advisable to employ an additional ap-
praiese to evalnsks, property already appraised, such addifioa* ap-
pruiser should conduct his investigation and prepare his report
without benefit of prior appraisals to insure his arriving at an inde-
pendent judgment.
e. Appraisal fees should be approved by the acquiring agency only
after careful negotiation and investigation to determine whether they
are reasonable in accordance with the rates customarily charged in
that urea - for competent appraisals and valuation testimony.
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b. Appsro.sQl Repo, ti.
s. Great care should be exercised that the appraisal is initially pre-
pared on the legal basis which will be the Government's position in
the event of trial. Thierefore, ' 't is suggested that where any tract
presents unusual and complicated valuation or other legal problems,
there should lx: coordination anwng the noluiring agency. the United
States Attorney and the Irind and Natural Resource s Division of the
Department of Justice in Washington, I).('.. prior to abaiuionnient of
efforts to acquire the tract by distil purchnae.Any connuunication
between the agency and tha Depiirtnivnt should have the end in view
of arriving at a consistent legal position and furnishing the appraiser
at the outset with the legal guidelines which will continue to be con-
trolling should the ease go to trial.
b. The appraisal reports should be carefully reviewed with con-
sideration given to these matters;
(1) The appraiser's qualifications.
(2) The factual data on which the appraisal report is based to
insure that-
(a) an accurate plat of the property being condemned is in-
cluded;
(b) the appraiser's evaluation is in accordance with and cur-
rent to the correct valuation date and includes any pertinent
market data occurring after any previous npprnisal data;
(c) any necessary revisions have been made to reflect changes
in project plans occurring up to the valuation date.
(3) Whether the appraiser has given proper consideration in his
report to the effect, if any, on nusrket vnhie of all easemnents, rights-
of-way or other encumbrances which burden the hind being taken.
or of present zoning requirements or possible future changes therein.
(4) The appraiser's determination of highest and best use,
including-
(a) The basis for the determination and whether it can be sup-
ported by a showing of demand in the market for the property
at that use.
(b) A showing, if possible, of lack of market demand or lack
of economic feasibility, of any other possible uses.
Market value should he arrived at exclusive of enhancement
A112- ?L_ n---
increases the value of the property in its vicinity, the appraiser
should be required to investigate the market (a) to determine the
if the project for which the property is being taken is one which
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time when project influence became apparent in the market, sad
(b) to note sales which were excluded as comparable because of
project influence. See United States Y. MW.r, 817 U.S. 869 (1M);
United States v. Crane, 341 F. 2d 161 (C.A. 8, 1965), asst. den.
882 U.S. 815. United States v. Reywoids, 897 U.S. 14 (1970).
(6) Benefits from the governmental project must be excluded.
(a) The Federal law is established that just compensation pay-
able by the United States should be reduced by benefits to M
meaning lands, arising from the governmental project. Bauman
v. Ross, 167 U.S.' 548, 584, (1897) ; United States T. MiNer, 317
U.S. 369, 376 (1M); Aaronson v. United States, 79 F. 2d 189
(CA. D.C. 1985) ; Dick v. United States, 169 F. Supp. 491, 494
(C. Cla. 1959) ; Lehigh Farley Coai Co. v. Chicago, 26 Fed. 415,
416 (N.D. III. 1886) ; United States v. Trout, 386 F. 2d 216,221-
223 (C.A. 5, 1967) ; United States v. Rands, 389 U.S. 121 (W).
The doctrine of offsetting benefits is too often overlooked and so
appraisal reports in partial taking situations should be carefully
checked in this respect. This is particularly so because state law
often differs with rasped to the offsetting ? of benefits and ap-
praisers whose experience is largely in state courts may not be
familiar with this important aspect of Federal law.
(b) "A special benefit is nonetheless such because other lands
in like situations are similarly benefited." United States v.
8,477.79 Acres of Land in Bell County, Texas, 259 F. 2d 23, 28
(C.A. 5, 1958) ; Aaronson v. United States, 79 F. 2d 139,141 (C.A.
D.C. 1935) ; United States v. River Rouge Co., 269 U.S. 411, 415-
;
416 (1926) ; United States v. Trout, 386 F. 2d 216 (C.A. 5, 1967)
United States v. Fort Smith River Development Corporation,
349 F. 2d 522 (C.A. 8, 1965) ; United States v. Crane, 341 F. 2d
161 (C.A. 8, 1965) ; Pokladnik v. United States, 378 F. 2d 59
(C.A. 5, 1957), per curium.
(c) It is important that appraisers clearly establish the facts
supporting a claim of benefit to the remainder, since the extent
of the benefit to a tract caused by the Federal project is a fact
question. United States v. 8,,42729 Acres of Land in Bali Cowdy,
Texas, 259 F. 2d 23, 28-29 (CA. 5,1958).
(7) When only a part of a landowner's tract is taken, severance
damage estimates, if any, should be supported.
(a) It should first be determined whether it will be the position
of the Government on any trial of the case that the part taken
is an integral part of a unitary whole within the meaning of the
Federal law of eminent domain. Sharp v. United States, 191 U.S.
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841, 854 (1908), affirming Sharps v. United States, 112 Fed. M
(C.A. 3, 1902) at p. 896; Baitjer v. United States, 143 F. 2d 891,
895 (CA. 1, 1944), art. den. 323 U.S. 772; Cole Investment Co.
v. United States, 258 F. 2d 208, 204 (CA. 9, 1958) ; United States
v. Mills, 23T F. 2d 401,404 (C.A. 8,1956).
(b) There must also be unity of ownership. United States v.
Honolulu Plantation Co, in F. 2d 172 (C.A. 9, 1950), cart. dsn.
840 U.S. 820.
(c) There is no severance damage unless there is a diminution
in the market value of the part remaining. The Federal law is
that "strict proof of the low in market value to the remaining
parcel is obligatory." Cole Investment Co. v. United States, 258
F. 2d 203, 204 (CA. 9, 1958) ; United States v. Honolulu Planta-
tion Co., 182 F. 2d 172, 179 (CA. 9, 1950), cert. den. 340 U.S.
820; United States v. 26.07 Aem of Land in Hempstead, 126 F.
Snpp. 374,377 (E.D. N.Y. 1954).
(d) The diminution in market value of the land remaining
must be due to the taking of the part- belonging to the con-
demnee and not to the taking of lands belonging to others. Camp-
bell v. United Stags, 268 US, 368, 372 (1924) ; Boyd v. United
States, 222 F. 2d 493, 494, 495 (C.A. 8, 1955) ; Winn v. United
States, 272 F. 2d 282,287 (C.A. 9,1959).
(e) "Severance damages," like other elements of just compen-
sation, must not be based upon speculation. Sharpe v. United
States, 112 Fed. 893, 897 (C.A. 3,1902), aff d 191 U.S. 341; Miller
v. United States, 137 F. 2d 592, 595 (C.A. 3, 1943).
(f) Any enhancement due to the project should be excluded
from the value of the whole immediately prior to the taking. See
(5) supra, page T.
(g) Appraisers too frequently use "severance damage" as a
catchall which tends to become the tail which wags the dog.
Where appraisal reports have factual data such as sales, earnings,
etc., to support the value of the part taken, too often so-called
severance damages are simply stated as the appraiser's opinion
without specification as to how he got them.
(h) A claim for severance damage by reason of an alleged
"invasion of privacy" has been denied. United States v. 69.67 A ores
of Land in Oyster Bay, 152 F. Supp. 441, 444, 445 (E.D. N.Y.
1957), aff'd sub nom. United States v. Chase, 260 F. 2d 405, 410,
411 (C.A. 2,1958).
(8) The appraisal techniques used should be clearly explained
and supported in the report.
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5. Evaluation of Appraisal Evidenoe.
The market data should be evaluated in the manner provided below :
a. Prior sales of property being acquired.
(1) Since the fair market value of the property at the time it is
acquired is the measure of the just compensation to be paid for
it. E.g., United States v. Moller. 317 U.S. 380. 373. 374 (1043) :
Olson v. United States. 292 U.S. 246, 255 (1934) ; United States v.
Toronto Par. Co.. 33R US. 396. 402-107 (1940) ; prior sales of
the property being acquired, reasonably recent and not forced, are
the best evidence of value. F..g., Baetjar v. United States, 148 F. 2d
391, 397 (C.A. 1, 1944), cert. den. 32.3 U..S. 772: 'Bailey Y. United
States, 325 F. 2d 571 (C.A.1,1963).
(2) Where the sale is between a willing buyer and a willing seller
and is not so remote as to render the price of no bearing on the
present market value, it is reversible error to reject evidence of such
prior sale as proof of the value of the land. United States Y. Ham,
187 F. 2d 285, 280,270 (CJL R. 1951), United State v. Certain Par-
cels of Land in Philadelphia (Wn$n trrigh t) . 144 F. 2d 826.629.680
MA. :B,1944).
(3) In this connection it should be borne in mind that consider-
ation of prior sales of the identical property has been sustained
although the sales occurred several ?..ears before the acquisition by
the Government. E.g., Di L iason v.T7iilted States. 154 F. 2d 642,
643 (C. A. 4,1046) (sale in 1987 held properly admitted when taking
was in 1943) ; Lore v. United States. 141 F. 2d 981, 983 (C.A. 8,
1044) (sale in 1933 held properly admitted when taking'was in
1940) : United States v. Becktold Co.. 129 F. 2d 47;., 479 (C.A. 8,
1942) (sale in 1925 held properly admitted when taking was in
1939). Accordingly, make certain that prior sales of the identical
property are properly considered.
b. Sales of other properties.
(1) With market value being the measure of just compensation,
absent transactions involving the property itself, "Sales at arms
length of similar property are the but evidence of market vaiea"
Welch v. Tennessee Valley Authority, 106 F. 2d 95, 101 (CJL 6;
1989), out den. 309 U.S. 688; Bastjet v. United States, 148 F. 9d
301, 397 (C.A. 1, 1944), cert. den. 323 U.S. 772. Too often in appraisal
reports the sales approach has been relegated to a position as simplT
one of three approaches to value, with more time and attention being
given to income and reproduction approaches.
(2) Consideration should be given to why and how the sales
used are more nearly comparable to the subject property; and, if
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the sales were of property considered to be more or lees valuable
than the subject property, what adjustments were made.
(3) Verification of each sale should include, whenever possible,
the names of the buyer and seller, broker and/or closing attorney,
deed records, book and page number, and consideration paid. Con-
tact should be made with at least one of the parties to the transac-
tion and the motivation for the sale should be determined, if possible,
and whether it was an arm's length transaction on the open market.
(4) A concise statement should accompany each sale used showing
the appraiser's reasons for considering it as a comparable, the
degree of comparability, physically, economically and functionally,
and any adjustments, plus or minus, in the comparison to the subject
property.
(5) Whenever adequate sales data arc available, other indicia of
value, hereinafter discuseod, should be used only as a check on the
value arrived at by market data.
C. Capitalisation of income.
(1) Where the sales data art, not adcgluate and the property is in-
come producing, capitalization of income produced by the property
may be considered. It is essential in using this approach that the in-
come and expenses be verified, and that the capitalization rate be
established by the market, giving proper consideration to the type
of interest being condemned and to any risks inherent in receipt of
the income. It should be borne in mind that a very slight change in
the capitalization rate will make a substantial change in the
valuation.
(2) Too often the income approach is treated at such length
that it tends to overshadow the sales data. Even when the property
is income producing, if there are adequate sales of similar property
to estab, ish it fair market value there is little need to get into the
capitalization of income with its great variables, such as capitaliza-
tion rate, Inwood factors, gross income, effective gross income, rest
income before recapture, net income after all depreciation, residual
techniques, etc. Such variables are generally so complicated and
confusing to the evaluating body, in addition to being so subject to
manipulations which are difficult to combat, that they render this
approach a difficult one at beat.
('8) Utmost care should be taken, in using this approach, to
consider only income which the property itself will produce--not
income produced from the use of the property fora business enter-
prise. "The question for determination by the jury is the market
value of the property taken, not the damage to the business of the
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owner in operating that property." United States v. Ham, 187 F. 9d
965,271 (CA. 8,1951) ; United States so rel TVA v. Powelson, 319
U.S. 966, 282, 283 (1948) ; Stipe v. United States, 337 F. 9d 818,
821, 822 (CA. 10, 1964), and cases there cited; A. 0. Davis log Co.
v. United States, 362 F. 2d 984, 987 (C.A. 1, 1966) ; United States
v. Sowards, 370 F. 2d 87, 89 (C.A.10,1966) ; "It is the land which is
appropriated, and not the business conducted thereon." Matter of
City of Rochester (Smith St. Bridge), 234 App. Div. 588, 587, 255
N.Y.S. 801 (1932).
d. Reproduction cost new less depreciation.
(1) Albeit the least reliable indieia of value (e.g., United Stater
v. Certain Interests in Property in Champaign County, Ill., 271
F. 2d 379, 382 (C.A. 7, 1959), art. den. 362 U.S. 974; 2 Orgel,
Valuation Under Eminent Domain (9d ed. 1953), secs. 188-199,
particularly page 57),S in the case of special purpose properties-
so-called "unique" properties-which are not generally bought and
sold, it is sometimes necessary to resort to reproduction cost new
lees depreciation for want of any more reliable method of valuation
to determine "market value." Churches have long been given as an
example of "unique" properties not generally bought and sold, but
a number of sales of churches for use as churches have occurred
in the Washington, D.C., area.
(2) The reproduction cost approach should never be used "when
no one would think of reproducing the property." United States v.
Toronto Nav. Co., 338 U.S. 396, 403 (1949) ; United States v. Ben-
ning Housing Corporation, 276 F. 2d 248, 253 (C.A. 5, 1960) ;
Buena Vista Homes, Inc. v. United States, 281 F. 2d 476,478 (C.A.
10, 1960) ; United States v. 49,375 Square Feet of Land in Borough
of Manhattan, 92 F. Supp. 384, 387, 388 (S.D. N.Y. 1950), aff'd per
euriam sub nom. United States v. Tishman Realty & Constr. Co.,
193 F. 2d 180 (C.A. 2,1952), cert. den. W US. 928. Since this ap-
proach almost invariably tends to result in the highest possible
valuation and thus to implant in the minds of the factfinding body
inflated figures which are diMcult to erase, it should not bs-awd-
even as n check upon more reliable methods without a showing
that a reasonable prudent person would consider reproduction
of the property involved. United States v. Certain Interests in
Property in the Borough of Brooklyn (Fort Hamilton), 326 F. 2d
109,115 (C.A. 2,1964), cert. den. 877 U.S. 978.
*There. attar a rather eesprebaad'e dlseendss. the author auto as one at we se-
dadoss that "straetural sea should be reeogatsad u as taterter wassare at 'alas' to be
gives night oay In those eass where a sattdaetor7 eAisee band oa estaal sales
avesaYa'
or an earatni power is not
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(3) It is important to bear in mind that, if resort is necessary to
the reproduction cost method, all forms of depreciation-physical,
economic and functional-must be considered' The existence of
such depreciating factors is so important that where other processes
are possible the reproduction approach is properly rejected, and,
even when used, must be scrutinized carefully. Dangers to be
avoided in considering the cost of reproduction are well summa-
rized in United States v. 49,376 Square Feet of Land in Borough
of Manhattan, 92 F. Stipp. 384, 887, .188 (S.D. N.Y. 1950), aff d
per curiam sub nom. United State. v. Tishman Realty & Constr.
Co., 193 F. 2d 180 (C.A. 2, 1952), cert. den. 343 U.S. 928.
6. Appr+svol Analysis.
An appraisal analysis used by the United States Attorneys is set out
in appendix B, infra, page 57. Use of this analysis by the acquiring
agency will assure that the appraisals of the agency are suitable for
trial. When more than one appraisal has been obtained and there are
substantial variances as to the area, quality or evaluation of the prop-
erty, efforts should be made to reconcile the variances.
D. NEGOTIATION PROCEDURES AND CONTACTS WITH
LANDOWNERS
1. In accordance with the requirements of section 301 of Pub. L.
91-646, approved January 2, 1971, 84 Stat. 1894. 1004, before the ini-
tiation of negotiations for real property, the head of the Federal
agency must establish an amount which he believes to be just com-
pensation therefor and make a prompt offer to acquire the property for
the full amount so established. In no event shall such amount be less
than the agency's approved appraisal of the fair market value of
such property. The head of the Federal agency concerned must provide
the owner of the real property to be acquired with a written statement
of, and summary of the basis for, the amount he established as just
compensation. Where appropriate the just compensation for the real
? in his "Cbodeasatfoa Appraiar's H"a"t" (1858). Gesrue L. sehaaa points out (*.
T8) that elements at dpndados other than Physical gilts esasssa4 esastitsts the aalsr
part of the total dprWatlsa fend In stnetares In 2 OrraL "YaleaUsn IIadr Insert
Domain" (2d ed. 1963). see. IN, P. 3. It to stated that "other form of depreMtlos-oa o-
teseeoa inadequate or eseastvu also, and other race's d latidstaMlltr-?aeo aft= l!r men
stfetffmt than more physical detarlendoL" This authority wares that "wbeasvr .s
Production east to offered as evldssee. the court should mate every effort to aware a full
deduction for those elusive Corms of depreciation. obsoloseeea and taadegoaey, that am se
often diragarded by all but the most eardal appraisers." Id. sue lee at p. 51. Coats Ln
loaf area occasion to strew the necessity for a smtadeat deduction for dpreelatles. I14.,
United Btatee T. Boston, C.C. F N.T. Camel Co., 271 Fed. 8TT. 359 (CJ. 1. 1921) : United
Steta r. 3.71 Anna of Lead to Borough of patens, 60 T. Sapp..110. 112, 113 (S.D. N.T.
1943).
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property acquired and for the damages to the remaining real property
must be separately stated.
2. At the initial contact, the landowners affected by a Government
project should be Sven the pamphlet entitled "Progress, Property
and Just Compensation,' which is addressed to the public and describes
the power of eminent domain.
3. The representative or the negotiator of the acquiring agency
has perhaps the best opportunity to effect an excellent relationship
with the landowners through his conduct. His patient explanstioas
and oourteous, considerate treatment of landowners can create an at.
inosphere which will be most desirable in getting public support with
regard to the acquisition of property for a specific project
4. Every effort should be made to convince the landowner of the
competency and judgment of the appraisers who have been assigned
the task of estimating the fair market value of the property and the
thorough and detailed manner in which the evaluation has bean a=&-
pleted. However, utmost caution must be exercised before permitting
any Government appraisals to be examined by the landowners or
their attorneys. Indiscriminate or unilateral permission to ewn1
Government appraisals can seriously jeopardize the United States in
the trial of a difficult condemnation case.
5. The negotiator must be very explicit in detailing the expenses
to be incurred by the property owner in effecting a settlement, such
as the requirement that all delinquent taxes and all or that portion
of the current taxes which are liens on the land must be paid in
accordance with the requirements of the local taxing authorities. See
II-C-3c, infra, pp. 17-19.
6. The representative or the negotiator of the acquiring agency
should be familiar with all of the benefits and payments provided
for in Pub. L. 91-646, approved January 2.107 1, 84 Stat. 1894.'?
to eat. 508 .1 PaL L 91-444, approved Jaa. 2. I5,1. 94 stet. 1594. 1906- WWWW as
bows:
no hand of a Federal aatael. as ssaa as oraetleab a attar the date at pasersnew-sevis
purchase price or the date of deposit to wart at funds to satisfy the award at eoapsasatlsa
is a eaudaaastioa proceeding to agaleo real peo9.K7, wkle.ret to the itllrt. shall
ratmharea the owner. to the extent the hand of such mosey chess fair and assess" far
? M be 7 insured or- Incidental te esuwplat sash
(1) roosrdlag feet, transfer tasat.a" st iIar 6:V420
real prepeet7 to the Baited states; recorded n omMW earned late la
"(2) penalty cost. for pr.9a3ssnt of any prteslstln5
deed faith oneashs:ins such real peowty . am which. an alloeahM to a period
-(e) the pro rate portion of real property Was paid
ssbsssoeet to the date of r.stlag title la t!e Qnltsd states. or the efe ttvs date of pester
also of sack real property by the United Itatsa. wklahtror is the earlier...
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15
7. Emphasize the avenues of savings whenever and wherever pos-
sible, These savings may be pertinent and, if so, should be brought
to the owner's attention :
(a) Cat of title search: It is not unusual in a transaction be-
tween private parties to require the seller to furnish proof that there
are no legal liens against the property on the date of transfer. The
Government, on the other hannd, bears the expense of obtaining
title evidence.
(b) Costs for electing transfer of title: It is sometimes incum-
bent upon the owner to pay for the cost of preparing the necessary
instruments to transfer his title and recordi.rng of the instruments.
The Government does most of this with no cost to the owner. But
see infra, page 20-
(c) No brokerage fees: The majority of transactions are handled
through a real estate broker with fees ranging from 3 to 10 per-
cent. There are no brokerage foes in this transaction.
(d) Payment in cosh: In some cases the seller does not receive
the full consideration for some indefinite period of time or must
accept a first or second trust (or mortgage) in order to complete
the transaction. The Government will make full cash payment.
(e) Retention of improvements may be possible: Sometimes the
owner has the option of retaining any of the improvements located
on the property at their appraised salvage value.
6. Care should be taken to avoid any possible representations that
the project as then planned is complete and that there will be no fur-
ther need of additional property of the owner being acquired, for
example, for access areas to a reservoir. Otherwise there is a risk of
the Government being charged for enhancement contrary to the rule
of United States v. Miller, 317 U.S. 369 (1943).
7. If agreement for direct purchase is reached, the negotiator should
secure execution of an enforceable contract.
(a) Suggested forms of a sales contract (designated as "Offer
To Sell Real Property" and "Offer To Sell Easement") are attached
as forms 2 and 3 respectively, appendix B, infra, pages 45, 48.
(b) Conformity to local requirements will prevent later attempts
to have instrument voided for failure to do so.
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II
ACQUISITION BY DIRECT PURCHASE
A. INITIATING REQUESTS FOR PRELIMINARY OPINIONS
OF TITLE
1. After entering into a contract for the purchase of real property,
or any interest therein, a preliminary opinion of title by the Attorney
General will be obtained unless the interested department or agency
has received a delegation of authority to approve titles pursuant to
Pub. L. 91-898, approved September 1. 1070, 84 Stat. 835 (sea B,
infra), or unless not required by statute. For this, a "Purchase Aesam-
bly," containing the following items, 'should be transmitted to the
Assistant Attorney General, Land and Natural Resources Division,
Department of Justice, Washington, D.C. 20630.
a. Any accepted option; an executed sales, donation, or exchange
agreement; or correspondence constituting an offer and acceptance.
b. Title evidence complying with the requirements set out in the
"Standards for the Preparation of Title Evidence in Land Acquisi-
tions by the United States." If the title evidence is a title certificate,
report or interim binder, an extra copy thereof should be transmitted.
Any analysis of title data and conclusions on ownership made on
behalf of the acquiring agency should accompany the title evidence.
C. Map or plat of the land to be acquired, if available. (See pp. 2, 3,
SUP* .
d. Certificates of inspection and possession, mechanics' lien claims,
and other miscellaneous data consisting of documents which the agency
may wish to be preliminarily considered, or which may be helpful
in considering the sufficiency of the title, or explaining objections
contained in the title evidence.
a. The original and a copy of the draft of the deed to the United
States, if available-
.-:-* f. A letter transmitting the purchase assembly, properly signed by
an authorized official of the agency, which contains :
(1) A request for a preliminary opinion of title.
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(2) A statement identifying the property by number of acrs,
parcel number, the name of the project for which it is being
itsthelocation by city, county, and state, the name of the vendor, acquired,
consideration to be paid for the property.
(8) A citation of the pertinent authorization and appropriation
acts.
(4) Any additional comment or information which may be help.
ful in considering the sufficiency of the title,
2. A preliminary opinion will then be rendered and sent to the
agency or its designated representative with the purchase assembly.
B. APPROVAL OF TITLES .By CERTAIN DEPARTMENTS
AND AGENCIES
When the interested department or agency has received a delegation
of authority to approve titles, subject to the general supervision of
the Attorney General pursuant to Pub. L. 91-393, approved Sep-
tember 1, 1970, these departments and agencies must comply with the
regulations issued by this Department on October 2, 1970. General
criteria governing the established principles in approving the title to
real property being acquired by the United States are set out in these
regulations.
C. CLOSING A DIRECT PURCHASE ACQUISITION
1. If the Department of Justice is to handle the closing of a direct
purchase acquisition:
a. The request from the agency to close the transaction should com-
Ply with the following :
(1) Enclose the purchase assembly, including the title evidence,
contract of sale, copy of the preliminary opinion, draft of deed and
related papers, and, unless an exchange or donation, a Treasurer's
check for the full amount of the purchase price set forth in the
contract.
(2) Make reference to and identify the enclosed check,
(3) Respond to the request for waivers as to outstanding oil,
gas or mineral interests or easements if it is determined that such
interests or rights will not interfere with the contemplated use of
the Property, and respond to the request for specific information
necessary for use at the closing.
(4) Advise the name and address of its field representative who
is to assist the closing attorney, at or before the closing, arrange
for the payment of the coats for the recordation of the deed to the
United States if the Government is to pay such coats (see 3-g, infra,
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p. 20), and state who is to take possession of the property in behalf
of the acquiring agency.
2. If the closing of the purclutse is by a c-losing attorney of an
agency which handles its own closing: The field representative or
closing attorney should follow strictly the closing procedure set out
in the respective manuals peep.tred by his agency for such purpose,
and the specific instructions received from his agency.
3. Action required for closing by either the Department of Justice
or agency attorney :
/a.. Inspection of Property Immediately Prior to the Closing :
(1) Immediately prior to the closing of the purchase, the preat-
ises being acquired should be inspected by either the closing attor-
ney, his assistant, or an authorized enmployee of the acquiring
agency, for the purpose of ascertaining the rights or claims of per-
sons in possession, and any unrecorded mechanics liens for work
or labor performed or material furnished within the statutory pe-
riod. The result of this inspection should be evidenced by the ezsca-
tion of the Certificate of Inspection and Possession (form 4. appen-
dix B, infra, p. 50).
(2) If any person is found in possession. his rights in the prop-
erty should be determined and a duly executed disclaimer (form 5.
appendix It. infra, p.50), should be obtained.
(8) If the inspection discloses buildings or improvements which
have been reserved by and are to be removed by the vendor Subse-
quent to the closing, then a proper comnnitmeut or a clearance
bond, if circumstances so require, should be obtained to assure such
removal.
(4) If the inspection discloses any other questionable objection
or outstanding right, such question or right must be eliminated or
the matter should be reported to the Land and Natural Resources
Division before the delivery of the check.
b Preparation of Closing Statement.:
(1) A closing statement (form 6. appendix 11. its f re., p. 5) should
be prepared covering in detail all charges to be deducted from the
purchase price check, including all taxes and assessments constitut-
ing liens against the property. regardless of whether the amount
of such taxes and assessments lyre been determined : outstanding
judgments, both State and Federal ; mortgages or deeds of trust :
Internal Revenue stamps: amounts reserved under any perfornt-
anee or other bond for title requirements affecting the property :
and all liens, statutory or otherwise.
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a Tax Liens or Assessments Not Payable on Date of
Closing:
(1) If the closing is had after taxes or other assessments become
a fixed or inchoate lien but are not payable, or the amounts therso f
are not determinable at the closing, adequate provision must be made
to assure the payment thereof.
(2) If the amount of such taxes and assessments are determinable,
then a certified check from the vendor payable to the proper taxing
authority should be held. If such amount is not determinable at the
closing, an estimate thereof should be made after consultation with
the proper taxing authority, and a certified check obtained from
the vendor for a sum not lees than the amount of the taxes or as-
sesements on the property for the preceding year, plus 20 percent
thereof, payable to the proper taxing authority.
(3) In the event the vendor is unwilling or unable to provide
such check, the required amount in the form of a cashier's check pay-
able to the proper taxing authority should be withheld from the
purchase price.
(4) When these undetermined taxes and aseossments become due,
after obtaining an official tax statement, the certified check or cash-
ier's check should be promptly forwarded to the tax collector, with
the request that the tax receipts be returned to the sender with his
check, payable to the vendor, in the amount of any refund due.
(5) The receipted tax bill, together with advice that any refund
has been made, should be forwarded to the "acquiring agency" for
inclusion in the purchase assembly, and a copy of the transmittal
letter forwarded to the Land and Natural Resources Division for its
records
d. Exception Where Title Company Assumes Responsibility for V
Outstanding Taxes:
Where the evidence of title consists of a title certificate or insur-
ance policy, and fonds are withheld for payment of taxes, the
amount so withheld may be turned over to the title company, pro-
vided the company will agree to issue a final title certificate or
policy in which no tax lien or unpaid taxes will be noted, or if noted,
will be followed by the statement "for the payment of which provi-
si
on has been made by the deposit of a sufficient sum with this
compan
any." The title company will enter into an escrow agreement
w4h
ry tit a opinion have been
satisfied, and any subee-
ates.
When all objections to the title and
e an all requirements noted in
the prelim;-- ' i
G vendor to hold such sum for the satisfaction of the taxes
until they are due, and to return any excess to the vendor.
e? Preparation and Execution of Deed to the United Q
f
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quently discovered adverse claim has been disposed of, the deed of
conveyance to the United States prepared in compliance with the
requirements set out in "Standards for the Preparation of This
Evidence in land Acquisitions by the United States" prepared by
the Land and Natural Resources Division should be executed, sealed
and attested, where locally required, and acknowledged by the
grantor and his spouse as would be the case of a private transfer
under local law.
f. Documentary and Other Tax Stamps :
Prior to the recordation of the deed to the United States, there
should be affixed thereto all documentary stamps required in the
state in which the property is located.
g. Recording Deed to the United States :
(1) If the cost for such recording is not otherwise provided for,
the recording fee is to be paid by the Government, in either of the
following ways :
(a) If the acquiring agency has a field representativ, attend-
ing. the closing, the representative will arrange for the payment
of such cost.
(b) Otherwise, since the Department of Justice has no author-
ity to make such payment, the closing attorney should request
the recorder of deeds to execute a voucher on form S-1034, and
forward the same to the acquiring agency for payment.
(2) The required form and the name and address of the acquiring
agency should be furnished the recorder.
h. Release of Mortgages, Deeds of Tnu3t and Judgments :
(1) Prior to or at the time of closing, all mortgages, deeds of
trust, judgments and all other encumbrances referred to in the pre-
liminary title opinion, or discovered subsequent to the date of the
preliminary title evidence and prior to the date of the recordation
of the deed to the United States, should be satisfied, released or
discharged, of record.
(2) Fees for the recordation of these instruments or other cura-
tive material, such as recordable a&davits, must be paid by the
vendor.
L Delivery of Treasurers Check to Vendor :
(1) The purchase money check or the balance thereof in a cash-
ier's or certified check payable to the vendor may be delivered to
him, after:
(a) All objections to the title and requirements contained in
the preliminary title opinion have been eliminated, and instru-
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rnents releasing all liens or encumbrances on the property and
the executed deed to the United States have been recorded.
(b) The closing attorney has been advised by the abstracter
or the title company, as the case may be, that the records have
been rechecked to a date subsequent to the recordation of the
deed to the United States, and the continuation evidence will show
title to the property vested of record in the United States of
America, subject only to those objections which have been admin-
istratively determined to be acceptable to the Government and
have been waived us fn-dicnted in the closing instructions, and he
has ascertained in the event the title evidence is to be a title certifi-
cate or a title insurance policy, that such certificate or policy,
together with an extra copy thereof, will be issued in the form set
out in the above-mentioned "Standards."
j. Delay in ('losing a Direct Purchase:
(1) If, for any reason, the transaction cannot be closed within
30 days from the receipt of the purchase price check, the closing
attorney should report, such delay to the Lund and Natural Resources
Division, or to the interested agency if the closing is assigned to its
representative, giving the reason for the delay, and stating when it
is anticipated that the purchase will be closed.
(2) If for any reason the transaction cannot be closed, the closing
attorney should return the purchase assembly and all related papers,
together with the Treasurer's check to the designated officer or his
agency, explaining fully the reasons for their return and recom-
mending further action. Prompt action is necessary because delay
may give the owner excuse to repudiate his contract. United States
v ?974?49 Acres in Clore,,don County, S.C.. 308 F. 2d 641 (C.A. 4,
1962).
C. FINAL TITLE ASSEMBLY REQUIRED FOR A FINAL
TITLE OPINION BY THE ATTORNEY GENERAL
1. Upon receipt of the recorded deed to the United States, or a true
copy thereof in the event the time required for its recordation unduly
delays the transmittal of the Purchase Assembly, and the final title
evidence showing title vested in the United States, such documents
should be reviewed by the closing attorney. If found satisfactory, the
completed purchase assembly, consisting of the following items,
should then be forwarded to the Land and Natural Resources
Division :
(a) All data constituting the contract of sale, donation or ex-
change, together with the plat or map of the property if available;
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(b) Final title evidence, including the original of any certificate
or policy; abstracts; eta;
(c) Original or a true copy of the deed of conveyance to the
United States;
(d) Certificate of Inspection and Possession extended to the date
of closing and accompanying executed disclaimers, if any;
(e) Vendor's receipt for the purchase money; itemized closing
statement: and the vendor's commitment or performance bond, if
any, assuring the clearance of the site;
(f) Miscellaneais and related documents, such as affidavits, copy
of pertinent portions of articles of incorporation, resolutions author-
izing sale, certifications as to corporate standing, and all other
related data obtained to show the elimination of the objections and
the meeting of the requirements co.itained in the preliminary title
opinion;
(g) Either the transmittal letter or an accompanying statement
should explain how each objection or requirement set out in the
preliminary title opinion, or subsequently disclosed by a continua-
tion search, has been met;
(h) If the original deed is not forwarded with these papers, it
should be submitted as early as possible.
2. A final opinion rendered by the Attorney General is delivered to
the agency with all data and title evidence.
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III
ACQUISITION BY CONDEMNATION
PROCEEDINGS
A. MATERIAL AND INFORMATION TO BE FURNISHED
WITH REQUEST FOR CONDEMNATION
The Act of August 1, 1888, 25 Stat. 347, 40 U.S.C. sec. 257, provides
in pertinent part:
* * * in every can in which * ? ? any * ? officer of the
Government has been, or hereafter shall be, authorized to procure
real estate * * * he shall be * ? * authorized to acquire the same
for the United States by coudenuiation * * ? and it shall be the
duty of the Attorney General of the United States, upon every
application * ? ? to cause proceedings to be commenced for con-
demnation * ? ?
Thus, the Attorney General shall institute proceedings to acquire land
upon a determination of a need therefor by an acquiring agency.
To conduct condemnation proceedings properly, and to insure an
ultimate conclusion which is just both to the public and the landowners,
the Attorney General must be fully apprised of the background of the
request for the taking. The following procedure is suggested as an aid
to this end.
1. A request for acquisition of property by condemnation must be
initiated by letter to the Attorney General signed by the head of the
acquiring agency or his authorized representative containing the fol-
lowing in addition to the materials specified in paragraphs 2, 3 and 4
as appropriate :
(a) Statement that the Agency Head has determined that the
?ng is necessary for the particular project. (If the request for
acquisition is by an authorized representative rather than by the
Agency Head, a recitation of the delegation of authority should be
included. )
(b) Statement whether immediate possession is needed for public
purposes, or specification of date when possession is required to-
gether with information as to who will assume management respon-
sibilities of the property when possession is obtained.
(c) Before requesting possession of real property, compliance
must be had with the provisions of Pub. L. 91-646. approved
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January 2, 1971, 84 Stat. 1895. with particular attention being
given to Subsections 101(4) and 301(5), which provide as follows:
(4) No owner shall be required to surrender possession of real
property before the head of the Federal agency concerned pays
the agreed purchase price, or deposits with the court in aooordenee
with section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40
U.S.C. 258a), for the benefit of the owner, an amount not hem
than the agency's approved appraisal of the fair market value
of such porperty, or the amount of the award of compensation in
the condemuatioa proceeding for such property.
(5) The construction or development of a public improu+emant
shall be so scheduled that, to the greatest extent practicable, no
person lawfully occupying real property shall be required to
move from a dwelling (assuming a replacement dwelling as re-
quired by title II will be available), or to move his business or
farm operation, without at least ninety days' written notice from
the head of the Federal agency concerned, of the date by which
such move is required.
It is not considered that the provisions of Section M1 (5) will affect
the right to immediate possession of properties where, without await-
ing the 90-day period, motions for possession are filed to obtain posses-
sion of small portions of ranches, farms or other large properties and
the owner or the person in possession may retain possession of a suffi-
cient portion of the property in order fully to enjoy the possession
of his home and there will be no interference with the operation of
his business or farm.
(d) Statement whether declaration of taking is desired, in manner
provided in 40 U.S.C. 3 258a.
(e) A statement, where applicable, showing compliance with the
provisions of Section 102(C) of the National Environmental Policy
Act of 1969 (NEPA), 83 Stat. 852, 52 U.S.C., sec. 4321 et seq., and
the National Historic Preservation Act of 1966, 80 Star 915, 16
U.S.C., sec. 470.
(f) Designation of field representative to receive copies of in-
struments filed, to provide certificate of inspection and possession,
and with whom action concerning the proceeding should be
coordinated.
(g) Where an act authorizing acquisition of property for a Fed-
eral project limits the taking to lands descrihed 1-y metes and
bounds (e.g., Act of Sept. 28, 1962, 76 Stat. 650; Act of Sept. 9, 1959,
Sec. 8a, 73 Stat. 479, repealed by Act of June 8, 1062, Sec. 1, 76 Stat.
92) or otherwise limits the taking by reference to maps, etc. (e.g.,
Act of Oct. 18, 1968, 82 Stat. 1188; Act of Sept. 11, 1964, 78 Stat.
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1981 Revision of Subsections (e)
and (g) of Section Ill-A.1.
Section III-A. 1. is hereby revised by deleting subsections (e) and (g)
(see pages 24-25) and by substituting therefor the following new subsec-
tions (e) and (g):
(ex 1) A statement showing compliance with the provisions of
Section 102(C) of the National Environmental Policy Act of 1969
(NEPA), 83 Stat. 852, 52 U.S.C., sec. 4321 et seq., or a statement
that a determination has been made that an environmental impact
statement is not required and the reason for such determination,
and (2) a statement showing compliance with the National His-
toric Preservation Act of 1966, 80 Stat. 915, 16, U.S.C., sec. 470.
(gxl) A statement of any conditions precedent to the acquisi-
tion imposed by applicable statute(s) and a certification that such
conditions precedent have been satisfied.' If there are no condi-
tions precedent applicable, a statement to that effect.
(2) A statement of every limitation on the acquisition imposed
by applicable statute(s) and a certification that the acquisition will
not exceed applicable limitations.2 In the case of acreage limita-
tions, an additional statement that this acquisition will bring the
acreage acquired to a total of so many acres. For this purpose,
complaint only cases shall be considered acquisitions at the time
of referral to this Department. If there are no limitations on
acquisition, a statement to that effect.
Eaaapla ofconditions precedent ittdtde equiremeat dconunz of State lepslattus,
16 U.S.C.. sae. 515. requirement that acquisition be approved by Governor of State or
appropriate State a,enry. 16 U.S.C.. sae. 715x.5; regtaremeot that acquisition cannot be
made unless 30 days prior thereto a report on the proposed acquisition has been submitted
to Congress, 10 U.S.C.. sac. 2662.
2Eumples of limitations include limitations on the amount of attn. that can be
acquired, on the kind of estate that can be acquired, on the character of property that can
be acquired, and on the geographic boundaries within which the property can be acquired.
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25
II ), 8 requir the Consent deriving .fate legislature (e.g., an 16
~cY of their owners of the use and.oecu-
Property without their consent for a specified
of years (e.g., Act of Aug. 7, 1961, Sec. 4 (a) (1),r75 Stat. 284,2N),
or contains any Other conditions precedent, the request for oondem.
nation should include a certification that the taking complies with
the limiting conditions in the authorizing act,
(h) When the authorizing act contains a monetary, limitation
9tat. , Act of Aug. 6, 1966, 70 Stat, 1066; Act of Sept. 11, 19K 78
928, 988; Act of Aug. 7, 1964 76 Stat. 284,208; Act of Sept. 18,
1961, 76 Stat, 588, 541; Act of Sept. 28, IM, 76 Stat. 650, 652), the
request for condemnation should include a statement that, in the
opinion of the requesting official, the acquisition should not exceed
the limits prescribed by law.,'
2. If the request for acquisition directs the filing of a declaration
of taking, the letter shall be acoompsaied by the original and three
copies of a declaration of taking
The requirements of a declaration of taking
40 U.S.C. sec. 238a. A are set forth in Title
suggested form of a declaration of taking, with
exhibits "A" and "B", is attached as forme 7, appendix B infra,
54-'? Also submit a check representing Poor
deposit in registry Presenting estimated compensation for
of court or advice as to who will furnish it.t'
" where there Is doubt as to whether the award will be within the prescribed monetary
limitation, the request should be for the Sling of a Complaint only, unaccompanied by a
declaration of taking. For your guidance, a dlaeaaaten of problems In this area Is included
In app. .t. iw/rn. ).p.:tL'-33.
" In complying with the requirements of 40 U.S.C., see. 23Sa. the following precautions
should be taken : In the statement of the authority for the taking all acts of Congress
granting such authority should be cited, together with sudieiestly broad Language to
embrace any Pertinent statute. (E.g.. ?' and acts supplementary thereto and uendatory
thereof.") 1'lease include In the cited authorities say sets appropriating toads for aequi-
sItlut ,.t Ilion l,rut1ert. .tl.u, In stating The public am for wbieb the property In taken. as
a preeaotloa, language should also be ladsdsd in terms suac wily brand to obviate any
future gne,wtlun, (E.g.. "arid for other uses Isetdwt thirst." and "for such other purposes
as way be mousse try Is eonMertN with anal prejssae) If the prejece is as existing one,
pies., stab the date tbs original project was motherland. acquired was Isetude,l within the reaps of the o
being
rilliaal autlerisawhethertlota, the
and If so ad If mat.now the date
The present atgsteltlon was authorised
b
In stating the ameuot estimated to be jest eosapea_ot , planes sole that Is view at
the holding that "a blanket estlmab and deposit covering several parcels and nut attended
by alleatio^ among them Is not an e[eeuee tender at any son for as
purpose of curtailing interest (United ,totes v. 888.70 fa r in Rooke"or 7 and [xredl"for Jefflersom
reerssAirs, :ter }?,_qi tt30, 6332 (c..t.:1, 1Pe1) ). allocation of a x1~ tieen mum or on of
total deposit should be tuade for each tract. In this connection. should be noted that noted t he
cited cane Rues no further than to hold that the deposit , l It at e ti t the
and doer not--lad should not-require +uballoeuoa atio must be allocated a ere ,sa taken
tract. as to pariyeulas interests w n within a
in
"aueelent additional cvlrlen of the exhibits attached to the declaration of inking should
Iw. furnimb? t slIr.ctl, to the Unite,l $tate..ltturney for attaching to the Instruments Sled
In the cundemnatlon pn"?allug. The number of collies will be delwmslest ui.un the number
of tracts to 1"? luei,t,le,l lu the t.ruceeding and the number of defendants, join* 10 other.
for attacbluent to various Instruments.
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3. If the property is to be Required by condemnation without a
declaration of taking, the request shall be accompanied by :
(a) Statement of authority under which the laud is to bo taken,1e
the act appropriating funds for the acquisition, the public use for
which the lands are to be acquired," the estate or interest to be ac-
quired and a description of the land sufficient for the identification
thereof ii
(b) A Plat or neap showing the land to be taken including the
following :
(1) The exterior boundaries of the property to he acquired
and the parcels therein properly numbered.
(2) The descriptions shown on the map must agree with the
written descriptions in all particulars.
(3) The general location of major improvements and struc-
tures situated on the lands to be acquired.
(4) The location of existing rights-of-way for roads, high-
ways, railroads, utilities, and for other purposes.
(5) The proposed route of relocation of any of the rid-hits-of-
way mentioned in (4) above.
(6) The approximate location and direction of the Now of
natural writer courses, if the laud to be acquired is in an areal where
water may become an issue.
(7) All easements, if feasible.
4. If the value of the land to be acquired is estimated to hr *4,000
or less, the request should be accompanied by a statement as to the need
for condemnation.
5. All requests for condemnation of every nature shall also be ac-
companied by the following:
(a) Negotiators' reports showing time and place of ue-otiations,
"The acquiring agency his as aatrmative responsibility with the Department of Justlor
to minimise costs. At any time when It appears that a deposit in n condemnation ease
n ay be Inadequate, the acquiring ageac should Immediately communicate with the
United States Attorney or other appropriate reprowetaure of the lAnwrtment of Jasrier
for prompt consideration of the adrhabu ty of making as additional deposit.
"9.M.we to. 10, srpw, it. 14.
r Suggested wording for various estates appears Is appendix B. infra, pp. :59-44. The
aeeessity for correct descriptions of land and accurate this data has been pointed up by
the opinion In United States Y. Che45os, 322 F.3d 93 (C.& 4. 1963). while It is believed
that the Court of Appeals west too far in reversing the Judgment of the district court
is the Cka$Aow cams. the ease doer serve to demonstrate the can which must be exercised
by the acquiring agencies in describing the lands taken and by the Department of Justice
is efseting service upon the owners of the land. aee alou Units States V. J55.70 Acres is
*mehssgr and Jefferson rownOipe, 327 F.2d 630 (C.A. 3, 1864), where the Colt" States
wag charged with interest on foods deposited because the parcel deecripuons used prevented
allocation of the deposit amongst the parcel..
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lowest offer made by landowners and highest counteroffer made to
landownem3r
(b) All appraisal reports, whether or not they have been &P_
Proved by the agency, together with all analyses and review repos
Prepared by agency representatives.
(c) Title report consisting of copy of preliminary title opinion,
statement as to location of title evidence, and efforts to cure title
defects, if any, prior to condemnation. If condemnation is
because of title defects the re requested
1. All title evidence, Porgy should contain:
2 An analysis of the defects and the agency's opinion as to the
correct resolution of unresolved title issues;
3. A list of the attempts made by the field representative to
have the title defects removed by the title company;
4. The curative data which has been obtained to remedy the
defects, and
5. The contracts to purchase from the apparent owners.
[Nom. The Attorney General will determine whether waiver of
the title defects is possible before filing the action, and, if not, the case
can be filed and set for early trial disposition.]
B. PROCEDURE AFTER CONDEMNATION PROCEEDINGS
ARE INSTITUTED
1. Upon notification that a declaration of taking has been filed, or
whenever property is otherwise acquired on behalf of the United
States, it is recommended that the acquiring agency put a sign on the
Property stating "Property of the United States" or other language
appropriate to the interest acquired.
2. Agency representatives should expeditiously order a continua-
tion of existing title evidence to include a search of the records to a
date sufsequent to the date of establishment of a lie pendena and when
received deliver it immediately to the United States Attorney; or, if
preferred, instruct the title companies to deliver continuation reports
to the United States Attorney and inform the United States Attorney
that these instructions have been issued.,
n Ia this coaaecelon It la suggested that, following the review of appraisals, and
spdatles revision or supplementation as necessary, the practice should be for the acquiring
agency to determine a fair ofer for each property and send to each owner, through his
counsel, If any, a stipulation form setting out the fair oler which he Deed only execste
am return. Some owners will no doubt execute and return the form and the property eaa
than lie aequirel by the agency through the dew costly direct purchase procedure.. And,
even where the propose,) stipulation Is not executed awl retnrnel, the copy of the form,
forwarded with the condemnation assembly, will show the oler made on behalf of the
Government.
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3. Appraisals should be updated to the (late of taking.
4. Cooperation between the acquiring agearcy and the I'nitcrl -state"
.t.ttorney should continue after referral for eon(lcuuration.
L After condemnation proceedings are imctituted, the Department
of Justice is charged with the sitemw(f1rl completion of the acrlnisi-
tion. However, agency representatives should offer their nxMistance
to the Pnited States Attorney in connection with continued negotia.
tions under his supervision. Where possible. the negotiation experience
of acquiring agencies should be utilized.
b. Agency representatives should be available at pretrial and trial,
and wherever practicable have the authority to give "on the spent'
approval to settlements within the limitations of authority delegated
to them.
c. The acquiring agency should offer to assist. the I'nited States
Attorney by preparing trial exhibits. by furnishing neaps. aerial photo-
graphs, and exhibits for attachment to pleadings (such its descriptions
of property, estates taken, etc.), and by providing witnesses to testify
on factual matters involved in the trial.
d. The' United States Attorney should consult with agency repre-
sentatives, where possible. prior to requesting specific trial or pretrial
settings. and always should advise them promptly of all such settings.
e. Where some, but not all, of the interests in it tract have preen
purchased. the agency representative should advise the United States
Attorney upon referral (for condemnation of outstanding interests)
of those interests which were purchased.
f. After judgments determining the compensation have been en-
tered which involve the payment of deficiencies. the United States
Attorney will immediately submit to the Land and \atu al Resources
Division (for transmittal to the central office of the acquiring agency)
or to the authorized representative of the agency if the award is based
on a settlement or within a range of testimony which permits the rep-
resentative to pay the deficiency. a certified copy and the required
additional copies of such judgments. The agency should arrange for
the prompt payment of the deficiency.
g. Upon the receipt of a trial report involving an award which is
considered to be excessive, the interested agency should promptly sub-
mit to the Department of Justice its recommendations with respect to
the filing of a motion for it new trial or appeal, together with a state-
ment of any special reasons for appeal if errors are found from an
examination of the trial record.
h. While distribution of the deposit of estimated compensation or of
the award is the responsibility of the court, nevertheless, it is the policy
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of the Government to aid the court in this important function. Agency
representatives can be of great assistance in securing curative data,
obtaining releases, and other requirements of the court in order
Promptly to effect distribution. Accordingly, when called upon to do
so' agency representatives should render every assistance necessary to
make funds available to owners who are dispossessed and to close the
case.
i.. After the final judgment has been satisfied and the necessary are received in the Land and Natural Resources Division, the final
opinion of the Attorney General is rendered and transmitted to the
interested agency, together with the final transcript of the proceediW
C. SETTLEMENTS
1. Maximum effort should be made to settle land acquisition disputes
prior to condemnation at a figure that will fairly reflect fair market
value, trial costs and reasonable trial risks.
2. Unless Properties are to be donated to the United States, owners
should not be requested to consummate a settlement for less than the
approved appraisal of the property."
3. After condemnation
circnunst Proceedings are instituted, only in unusual
aucea should settlement be considered at a figure that is sub-
stantially higher than the Government's best precondemnation offer.
4. When settlement proposals are received, close cooperation between
the United States Attorney and the agency reprt-sentatives in the field
is necessary to obtain prompt evaluation of the offer.
5. Where offers are outside the jurisdiction of field personnel and
must be transmitted to the Washington office of the agency and to the
Land and Natural Resources Division of the Department of Justice
for action, (a) the United States Attorney should promptly be advised
of the agency reple.sentative's recommendation for acceptance or rejec-
tion; (b) the United States Attorney should advise the agency field
representative when the offer has been submitted to the Department of
Justice and whether acceptance of the offer has been recommended : and
(c) the agency repreanntative should forthwith forward his own rec-
ommendation to his superiors, and notify the United States Attorney
of his ac tion.1,
:500 a.e. 501(3). Pub. L. 01-444, approred January :, 1071, 84 Seat. 1894. 1004.
Pbe TOnr Information sal guidance, there I. Ott out 1e a peadii A, icfre, p. 34, a
rtatem.at of th. ponce followed by this Departtuent in lnstaaee. when owaen Ioalat that
"led "aarerase. dasaIea?' be Axed 18 a d.dalts amoaat for taeome tax purpo.aa in
the atnpunatta fir setu.aent In eoodeaanatl.a eaaea.
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APPENDIX A
7ul.
1 Conditions
Precedent in authorizing act -32
2 Settlements_-- ---------_ -- 32
3 land and ?Natural Resources Division D' - - - - - - - - - - - - - 34
L -
re Preparation and review of appraisal Directive No. ! 1-68
evidence for tri*al- 34
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CONDITIONS PRECEDENT IN AUTHORIZING ACT
Typical conditions precedent appearing in various authorizing
statutes are cited in the text of this broehurr (stfpro, page 24). In the
case of monetary li nitations, it is recognised that the requirement
for a statement that, in the opinion of the requesting og'icial, thee
acquisition will not exceed the limitation constitutes a problem for tbs-
acquiring agency. This is because the determination of just compen-
sation is a judicial rather than a legislative function (e.g., Mononga-
hela Nav. Co. v. United Stake, 148 U.S. $12, 327 (1898) ; United States
v. New River Collieries, 262 U.S. 341, 343-344 (1928) ), so that at the
time of the request for condemnation the amount of the award of just
compensation is not known. Where there is doubt, however, as to
whether the award of just compensation will be -within the prescribed
limitation, no reasonable alternative exists to filing a complaint only,
unaccompanied by a declaration of taking. Under such procedure the
acquiring agency is able to determine what the cost would be before
irrevocably committing itself to acquiring the property.
Of course, absent a statutory limitation on acquisition cost, where
it is known that the United States will acquire the property regardless
of the amount awarded, it is normally better to file a declaration of
taking and deposit the estimated just compensation since this both
fixes the date of valuation and precludes the payment of interest on
the amount so deposited. E.g., United States v. Miller, 317 U.S. 369,
381 (1943).
The possibility that the amount of the award exceeds the funds
available is among the historic situations in which condemnation ac-
tions may be discontinued and dismissed when the complaint pro-
cedure has been used. See, Cariiaie v. Cooper, 64 Fed. 474., 473 4*
(C.A. 2, 1894) ; United States v. Oregon Ry. & Nav. Co., 16 Fed. 524,
528 (D. Ore. 1883). Use of a declaration of taking precludes such
discontinuance and dismissal (except by stipulation with the former
owners under 40 U.S.C. rec. 258f) since title passes to the United
States upon the filing of a declaration of taking and deposit of esti-
mated just compensation in the registry of the court. E.g., United
Staten v. Miller, 31T U.S. 369, 380-381 (1948) ; Catlin v. United States,
824 U.S. 229 (190).
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33
The determination of when it is appropriate and desirable to file
O d.c1 nova is taking and to make a deposit of the estimated ju
Primarily for the acquiring agency to make but it
is the view of this Department that where the authorization act seta
an express ceiling, use of the complaint procedure is Particularly
aPPr OPriate. See, in this connection, S. Reps. No. 1597, 90th Cong.,
2d sees. (1968), pages 5_6, where, with
ization, the Srespect to national park autthor-
view "s, ~mittee on Interior and Insular Sg~
i"tion,eda Senate
ezp and no longer the nrkeclar of taking should be the excep-
tion
P~sed on the Sainte floor. 114 (?or lam, ) Similar views were ~-
104-3 b 4, 1088). While the Act ti lyhen en being considered
ing , passed an such e by the Senate (Act of Oct 18,1968.82 Stat. 1188) contains
11 xpreee injunction, Senator Moen of Utah stated (114 Cong.
Rec. (daily ed.) S1:2100): 20
it is absolutely mandatory in the view of the chairmmi
and in my vitro that no declamtiou of taking could be entered
in the acquisition of Land for the Biscayne National Alanume tt
without prior e0918ultuiou with the committee and authorisation
or acquiaaceuoe by the commaittee.
In the light of such statement of undo
statutory monetary limitations and the !>t>es bility exists tthat the
award would exceed the limitation, acquiring agencies may want to
consult with the appropriate committee and obtain the authoriza-
tion or acquiescence of the committee prior to requesting the filing of
a declaration of taking. However, since it is sin executive branch
responsibility, the acquiring agency obviously call exercise adminis-
trative discretion to use declarations of taking without such authoriza-
tion or acquiescence if the agency concludes that such action is within
its authority and for the best interest of the Government.
It is recognized that the complaint procedure may result in higher
acquisition costs because, under such procedure,, just compensation
is determined as of the date of trial. However, in view of the penalty
provisions for making expenditures or authorizing obligations under
any appropriation or fund in excess of the amount available therein,
no other a-eans of protecting officers or employees of the T inited States
present status of the law. The remedy appears to be
to urge Congress to make funds available for Federal projects at the
time they are authorized so that
achievbd without a long r ~ prompt land acquisition can be
period of Possible price escalation.
s aeYtor Banton of wromin1 stated the preference that the view of the eommlttee be
laeloded Is tae test of the legislation (qld., p. 812104).
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SETTLEMENTS
Supplementing the discussion which appears in the text' (supra.
page 29) concerning settlement& it was concluded that it would be
helpful to have a statement. of this Department's policy when an owner
insists that "severance damages" be fixed in it definite amount for in-
come tax purposes in the stipulation for settlement in condemnation
cases. In negotiating settlements after condemnation cases have been
filed. as a matter of policy this Department has in general not cm-
earned itself with the tax incidence upon the individual landowners of
settlements which are made with them. We have sought to arrive at It
specified sum "inclusive of interest" without any breakdown of par-
ticular factors considered in arriving at the settlement figure. We
adhere as closely as possible to the objective standard of the fair mar-
ket value at the date of the taking, which the courts have long hold
to constitute the constitutional requirement of just compensation for
the taking of private property for public use. We primarily rely upon
the appraisal data reflecting the market value of the property but, as
is normally the en -w in negotiating compromise settlements. we colt-
sider the litigative risks in the particular case, interest which would
have to be paid on any deficiency over the amount deposited as esti-
mated compensation, and the equities involved. However. as indicated,
we do not concern ourselves with the tax incidence upon the individual
owners, which would be a subjective standard as contrasted to the ob-
jective standard which we endeavor to follow. Where an owner has
insisted upon the amount allocated to severance damages being shown
and it becomes necessary to do so to effectuate an otherwise acceptable
settlement, it has been our policy to agree to the severance damages
being shown but not to exceed the amount determined by the Govern-
ment's appraisals for that purpose.
L
LAND AND NATURAL RESOURCES DIVISION
DIRECTIVE NO. 11-68
Re Preparation and Review of Appraisal Evidence for Trial--Con-
damnation Cases.
Competent appraisal evidence with respect to the fair market value
of land taken for public use, as of the data of taking, is essential to
the intelligent settlement or effective trial of land condemnation cases.
Client agencies of this Division, having significant financial stakes in
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?-~ ..ate ..
35
condemnation awards and settlement agreements, are vitally interested
in uniform treatment of all landowners throughou each project area
and in attainment of sound compensation awards; they consequently
share a common interest with us in the development and review of
such appraisal evidence. They desire to use appraisers and appraisals
in pre-condemnation acquisitions of land, acceptable to trial attorneys
in the event condemnation is required, and thereby achieve greater
uniformity in appraisal standards between those employed by agency
appraisers and those required of witnesses at trial.
As a result of interagency land acquisition conferences, field inves-
tigations of United States Attorneys' offices and Division experience
over the past few months, we have concluded that the interest of the
Government may suffer in some districts as a result of one or more of
the following conditions :
1. Appraisals secured by acquiring agencies, either by staff or con-
tract appraisers, are inadequate for trial use or unsound on appraisal
criteria. In such cases, time and expense is lost in securing
re-appraisals and injustices often result to some landowners or to
the Government from material changes in valuation data part way
through a land acquisition program.
2. Supplemental appraisals, needed to provide competent trial
evidence, cannot be secured because of changes in land character-
istics during the lag period from the taking to settlement or trial.
3. Trial or settlement is approached without continued avail-
ability of such appraisal witnesses as are competent and effective
for trial use.
4. Trial attorneys sometimes secure new appraisals at figures
substantially above those established by agency appraisals and use
the same in trial without benefit of either agency or staff appraisal
review. There is no basis for assuming that the soundness of an
appraisal varies directly with the valuation level or that the Gov-
ernment has an obligation to use its highest appraisal figure for
tria or settlement, without regard to the appraisal analysis em-
ployed, merely because it was supplied under Government appraisal
contract.
Client agencies of the Division have occasi,,nally complained that :
(i) accommodation appraisals are obtained in some instances by trial
attorneys to support negotiated settlement figures, (ii) trial attorneys
discredit agency appraisals, whether staff or contract, without any
sound Appraisal basis, and discard them as a matter of course when
higher valuations are suggested, and (iii) the Department of Justice
is not utilizing agency ;and Division review capabilities effectively.
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36
To meet such objections, if they be justified, and to provide a vehicle
for interchange of data between land acquisition agencies and the
Department of Justice, the following appraisal policy is hereby
adopted and its implementation directed by land acquisition attorneys
in the United States Attorneys' offices and in this Division:
1. United States Attorneys should participate, whenever requested
by client agencies, in the selection of agency appraisers and the es-
tablishment of appraisal criteria to facilitate the use of agency staff
or contract appraisals at trial, such consultation should be conducted
whenever practicable at the inception of each land acquisition
projeaL
2. Prompt4y after any land iwgnisition proceeding is initiated
and in all events within 3 months thereafter, the responsible attor-
ney should review appraisals provided by the client agency, require
their updating as neceenary, and determine whether supplemental
appraisals will be needed for trial.
3. Where supplemental appraisals are required, in such attorney's
opinion, prompt arrangements should be made for any that are
needed to value the property for settlement purposes under the legal
criteria that control the case: and timely arrangements should be
made for preparation of any supplemental appraisal that will only
be required in the event of trial.
4. Whenever two or more appraisals of particular property,
whether supplied by the agency or obtained by the trial attorney,
have a valuation spread in excess of 10 percent of the high appraisal
figure the trial attorney shall, whenever the exigencies of trial setting
permit. submit such appraisals for renew by the regional or central
office of the acquiring agency as appropriate, together with a state-
ment of his proposed use of such appraisals in the settlement or trial
of the subject case.
5. If the acquiring agency office to which the appraisals have
been submitted disapproves the valuation level of appraisals that
are planned for use at trial or in connection with settlement ne-
gotiations, said appraisals and notice of disapproval shall be for-
warded to, the Chief of the Appraisal Section, Land and Natural
Resources Division, for
(a) appraisal review,
(b) opinion whether either or any said appraisals is supported
by sound appraisal criteria, and
(c) recommendation whether an additional appraisal should
be obtained.
6. Whenever an appraisal has been disapproved by Appraisal
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Section review as above provided, the trial attorney shall not pro-
ceed to trial or settlement of the tract for which said appraisal
has been made, unless:
(a) he determines, in the exercise of his best judgment, not to
use the disapproved appraisal, or
(b) he secures a new appraisal of the property by an appraiser
who is approved by the Chief of the Appraisal Section, uses ap-
praisal criteria similarly approved, and substantially concurs in
the valuation level of the disapproved appraisal, or
(c) he secures the authorization of the Chief of the Land Ac-
quisition Section to proceed to trial or settlement on the basis of
the disapproved appraisal.
T. Appraisers should be selected, or approved for agency use, not
only with respect to their competency and et[ectiveness as witnesses,
but also with respect to their potential longevity and availability
for the period required to bring the matter to trial. Appraisers
should be evaluated periodically on the basis of their litigutive
success or failure; and no further use should be made of those
whose appraisals have been repeatedly determined to be either too
liberal or too conservative.
CLrD}: 0. MARTZ,
Aaaixtaret Attorney General.
NOVEMBER 22. 1968.
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APPENDIX B
T44 of formes
No. TWO
1 Suggested wording for various estates in Land
IL Fee-------- ?-..._
-------------------------------------------
b. Flowage easement (p
>'OIN
40
40
ermanent Soodtns)-----------
40
--
C. Flowage w covet (ooassional flooding) -------------d- Access road ea
41
sement
o. Borrow assoMML
---------?--
f
B
41
42
.
orrow pit and spoil area easement and right-of-way ----
42
----
g. Drainage ditch easement
42
IL Estiuguiahment of rights in cemetery ---------------------
f
~
42
roved land-----------------?----
or t
~ Moratorium
on
t
43
ding minerals------------------
ou
s
anding
k- Railroad easement .......... ----
?---------------------------
1
Ro
d
43
43
.
a
easement
-_---
....
m. Temporar
ease
t f
43
y
men
or
exigoratory Utilities and/or purpose ---------------
-
44
cements---------?---?----------
Offer to sell real 2 e
(
ti
44
op
on contract)------___-- ------------
3 Offer to
ll
45
ca
easement
ent (option contract)
4 Certificate of ---------------------
a and posreeaion--------------------------
5 Dis
l
i
48
50
--
c
a
mer .-?--------------?-?-----------
6 Closing statement------ -------------?-
7 Declaration of taking
-------???--?---
8 Ap
raisal
l
32
53
54
p
ana
ysis form---------- -- --------------- -
57
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Fars 1
SUGGESTED WORDING FOR VARIOUS ESTATES IN LAND
a. Fee
The fee simple title (to T4rad. Nos. ___--- ------ and
subject, however, to existing easements for public roads and highways,
public utilities, railroads and pipelines,
b. Flowage Euesent (permanent Flooding)
T h e pwp@kW right, power, privilege, and easement permanmdy to
overflow, flood, and submerge (the land described in Schedule-A" n)
(Tract Nos, ------- and ------) [and to maintain mosquito control]
in connection with the operation and maintenance of the -----
project as authorized by the Act of Congress approved
--, together with all right, tide, and interest in and to the
timber, st:netares, and improvements situate on the land (except-
ing .... (here, or in attached list, identify than structures not
designed for human habitation which, the project representative de-
termines, may remain on the land) ], and the continuing right to clear
and remove any brush, debris, and natural obstructions which, in the
opinion of the representative of the United States in charge, may be
detrimental to the project; provided that no structures for human
habitation shall be constructed or maintained on the land, and pro-
vided further that no other structures shall be constructed or main-
tained on the land except as may be approved in writing by said
representative of the United States in charge of the project,n reserv-
ing, however, to the landowner(s), their heirs and assigns, all such
rights and privileges as may be used and enjoyed without interfering
with or abridging the rights and easements hereby acquired; the
above estate is taken subject to existing easements for public roads
and highways, public utilities, railroads and pipelines.
a Is tskla , maim to asvlsaNO tatau tM lien b"M ark Uas at the -etas am*Mur
dowiftlaa abash be is ssaarnl ttr-s at tM Pi -as ar!la$ 7 NO wator.art, richer
than a gedae wafter Use. Tht^ win arts a Pose tle klatas Mew the not" am bomb"
due-wMa at the "am takes MW the em wh wateeaaart. Its the it
tM as"" among"
aa+f.e of the h1Rh water-art is aMnaae L
0 where the eewaae aeaeae=t .tats Is to be aeMslr d In u area wMm then Is aau.a
*Lam ar -issrul dstel..eat it thee. Is votes" a,deo.sst is the future, the fSUse-
tae dame wm M .Met to the shirt. Is: ' prettNS tsrthr that my egleratlen or
asylottattea of Oil. sae and -laerab .Mri be oahJaet to P eat sad Slats laws with it
to penwom sat elan set greats sestow Mtela"
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IM Flowage Basement (Oeeasional Flooding)
he Perpetual right, Power, privilege, and easement occasionally to
o(veactw, fl flu ~ submerge (the land described in Schedule "Alin) NOIL ----+ - - and -- -) [and to maintain mosquito
control] in Connection with the operation and maintenance of
the ------------------ l
------~_project as authorized by the Act of Congress
approved
to fuld ll the "'' sad to operate the project in such a manner
Purposes of its construction and other purposes which
may develop in the future and do not greatly vary from present par.
Pte, together with all right, title, and interest in and to the struc-
tures and improvements now situate on the land [excepting . .
(here, or in attached list, identify those structures not designed for
human habitation which, the project representative determines, may
remain on the land) ] ; provided that no structures for hums, habits.
tion shall be Constructed or maintained on the land except as may be
approved in writing by maid representative of the United States in
charge of the project; ?? reserving, however, to the landowner(s), their
hairs, and assigns, all such rights and privileges as may be used and
enjoyed without interfering with or abridging the rights and ease-
ments hereby acquired; the above estate is taken subject to existing
easements for public roads and highways, public utilities, railroads
and pipelines.
d. Aeeeea Bold Easement
A Perpetual and assignable easement(s) and right(s)-of-way to lo-
cate, construct, operate, maintain, and repair a roadway and utility
lines in, upon, over and across (the land described in Schedule "A")
(Tract Not ------, ------ and together with the right to
trim, cut, fall and remove therefrom all trees, underbrush, obstruc-
tions, and any other vegetation, structures, or obstacles within the
limits of the right(s)-Of.way; subject, however, to existing e~ements
for public roads and highways, public utilities, railroads and pip,
lines; reserving, however, to the landowner(s), (his/her/its/their)
pi's, executors, administrators, sucoeemors (if corporate owner), and
assigns the right to use the surface of such land as aooesa to their
adjoining land.
ltois: IIM of the above reservation claoN may decrease 'waace dearer
aonataatlalb. However, the a dM sour, abould be normally cantacbd to
taoartala whether the nature at the instsMation rpnlrea esdndve asa
at the aoeeea road by the Gorernmaet Trsaaa R ?
8?llm-------------------------------- Dab of dosing --------------
--------------------------- Addr.ss or desariptioa of prcpety:
Bab prloa,----------
Addnn
Site -- Pries. __-------- state -- ----- - County----------- - 84b_ _
------------------?--------------------------?-- ? ? ? ? ? . ----------
Pavm.nt ? ? ? ? ? ? ----------
-------------------------- . ... ? .
Bataooe du. .dbr_ ---------
Balance ??...-
8tata- ---------------------- ? . ? .. ?
Balance due United
------------------------------------------------ ---------
----------------------
---------?-------------------------------------- ----- ? ... ? ?
Total-.-----
The &bovs s a eompt ~ and ooereet account of funds received and din-
alD~g the i ty deeee'bed at the bead of this Sint..
moat.
----------------- ---------
I/W have aamtaed the ahoy. Statement and And it cornet. This "knowl-
edge that i------------ has been dyhursed as above with my/our approval had
for 307/bur aseount and beoedt, whiah said .am to lathe MI, price set forth in my/our
Option Agra m nt with the United Stabo of Amarbs, and I/we aokaowbdp
nod" of the bdaaee dw me/ua as shown above,
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T.r 7
In the United States District Court for the Southern District of
Indiana at Evansville
Declaration of Taking
Civil Action No. ----
U== STarss or AwTCL, rLanrrar
V.
125.48 Across or Laxn, More on Lass, SrruATS ar Psssz C w ,
STATe or IXDtaxa, ?XD Csa E. At1.KW n AL., D D&JTI
To the Honorable, the United States District Court :
I, Secretary of the Army of the United States,
do hereby declare that:
1. (a) The land hereinafter described is taken under and in aoeord-
ance with the Act of Congress approved February 26, 1931 (46 Stat.
1421, 40 U.S.C. 258a), and acs supplementary thereto and smenda?
tort' thereof, and under the further authority of the Act of Congress
approved April 24, 1888 (25 Stat. 94, 33 U.S.C. 591), which act an-
thorizes the acquisition of land for river and harbor purposes; the
Act of Congress approved March 3, 1909 (Pub. L. 317, 60th Congress,
2d Session), which act authorizes the reconstruction and modification
of existing river and harbor improvements; and the Act of Congress
approved October 24, 1962 (Pub. L. 87-880), which act appropriated
funds for such purposes.
(b) The public uses for which said land is taken are as follows :
The said land is necessary adequately to provide for the improvement
of rivers and harbors and for other name incident thereto. The said
land has been selected by me for acquisition by the United States for
use in connection with the construction of Cannelton Locks and Dam,
and for such other uses as may be authorised by Congress or by Esscu-
tive Order.
2. A general description of the land being taken is ad forth in
Schedule "A" attached hereto and made a part hereof, and is a descrip-
tion of the same land described in the complaint in the above-entitled
060006
8. The estate taken for said public use is the fee simple title, subject,
however, to existing easements for public roads and highways, public
utilities, railroads and pipelines.
4. A plan showing the land taken is annexed hereto as Schedule "B"
and made a part hereof.
5. The sum estimated by me as just compensation for said land,
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with all buildings and improvements thereon
thereto and all
and including any and all inter pp ouanoss
is set forth in Schedule "A" he hereby taken in said laud,
herewith in the ram' which saran I cause to be deposited
the with in thtitl registry of the said court for the use and benefit of
award for said land thereto. I am of the opinion that the ultimate
Jad by
will be within any limits pr
law on the price to be Pd therefor.
In witness Whereof, erefor.
the United States of ricL, by
of the Army, thereunto authorised, has this ec its Secretary
signed in its name by said caused tdeclaration to be
Wry of the Army,
District -trict -of - Cday ofolumbia---_ A.D. 19_. in the e City of Washlzgto~
Secretary of the Army.
SCWWULB "A"
TlW 123-48 land which is the subject matter Of this oseding
s td
State acr of land, more or lees, situate and big Perry
her with the
Indiana. A description of the lands WEN getCounty,
t~ mand addresses of purported owner, thereof and
a statem n of
estimated to be just compensation therefor, are as follows:
Tract No. 111
Situate in the State of Indiana, County of Pe
Sections 13 and 14, on the try, Z' 7 S, R 3 W,
' right bank of the Ohio River (720.5 mile),
more Particularly described as follows:
66, sa inning at a point in the center of Indiana State Highway. No.
b point being common to the lands now
by Tony (or formerly) owned
Paulin, et ux, and the subject owner and bei
Southwestwardly 225 feet, more or l ~ n8 referenced
Highway from its intersection along the center line of said
with the East-West Half Section line
of Section 14;
meanders thence with the center line of said Highway as it
NO east~u~~y 2,420 feet, more or less, to a point in the down-
ser'sam
of Conalea Van Hoosier Dauby; thence with
the said Dab , line line
S 26? 10' E 470 feet, more or less, to a point in the low water mark
of the Ohio River; thence downstream
as it meanders with the nail low water mark
Southwestwardly 2,320 feet, more or less, _
property line of Tony Paulin, et ux; thence with the said Pauli s line
N. 38 40' W 230 feet, more or less, to the point of
taining 10.00 acres, more or lees. beginn mgr con-
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The above desaribed land is the rams land as that described in a
deed from Conalee Denby and August Dauby, her hmband, to Charles
E. Allen and ][aria E. Allen, husband and wits, dated 28 Jane 1966,
recorded in Deed Book 67, pap 416, in the records of Perry County,
Cannelton, Indiana.
Name and addres of purported owner :
Charles E. Allen and Maria Allen, his wife
Bouts 1, BOX 100
Canaaltan, Indians
Name and address of additional parties having or claiming an
interest in the land :
American Cannel Coal Company, Inc.
Address Unknown
(Coal and mineral interest recorded in Deed Book 59, Page 806
of Deed Records of Perry County, Indiana)
Jobs Sargent
Address Unknown
(Mineral interest recorded in Deed Book 59, Page 804 of Deed
Records of Perry County, Indiana).
Nelda Kelly
Address Unknown
(% interest in gross income from minerals recorded Miscella-
neous Record "U" Page 530 of Miscellaneous Records of Perry
County, Indiana)
Estimated compensation : X50.00
SasEMYaLa "B"
[map]
Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11: CIA-RDP02-06241 R000300120003-0
DzpAjmnrr os Jvsrres
LAND AND NATuRLL RssoUSCys DIVISIoN
LPPIAIIAL ANA LThi5
(For Use by Attorneys and Appraisers)
Analyzed by: Date:
Name of Acquiring Agency:
Identification of Property (Civil No., Tract No., etc.)
REPORTED Before After Ccm
ti
peosa
on
VALUES valor valor
Appr+siar 11. 16- *+---- -
Imp.
Total ---
-------
--------
----?--
---
--------
--------- L.ad
IMP
-------?
--------
--------
-?---?--
-------
---------
--------
Total--- --------
--------
----?-
d
?-
-------?- Imp.
-----?--
--------
--------
----------
tion of Taking or Complaint)
Appr.
Appr.
Appr.
P
(2)
(3)
a.
roject and Pared No.
b. Owner's Name
Correct!
------
------
------
IL Lgl Deenription
Correct?
Correct!
------
---?--
------
?-----
------
d. Total Area at Property
cam"?
------
------
--?---
S. Ana Aegoimd
f. Area at Rmafeder
Caerest!
C
------
----?-
-- - -
8. EFFECTIVE DATE OF AP.
arnet!
------
------
------
P
RAISAL
A- Colnddee with D. of T.
Ti.?
______
not ocindds with D. of T. but
is eatidaetoey
'
Ti.?
------
____--
C. PV
RPOSE OF TEE APPRAISAL
a. Definition of value compatible with
Federal law
Ti.?
......
......
------
b. Estate appraised cornot
Ti.?
e. Taking accurately defined
Ti.? ......
......
......
INSTRUCTIONS: Items not applicable, indicate by N/A in ap-
propriate blanks. Check (V) if answer is affirmative; write (No) if
answer is negative. Use reverse side to explain all items marked (No)
as necessary.
A. CAPTION (Compare with Deelara.
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 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
D. PREMISE OP THE APPRAISAL
Appr.
Appr.
Appr.
a. Develops the applicable appraisal tech-
(1)
(2)
(1)
niques
Yes?
------
------
------
b. Follows the applicable legal rules
yes?
------
------
------
E. METHOD OP APPRAISAL
a. Appraisal method and technique com-
patible with appraisal's
(a) purpose
Yes?
------
------
------
(b) promise
Yes?
------
------
------
b. Before and attrr ppproaeh in partial
taking supported
Yes?
------
------
------
a. Omslon of one or more value ap-
proaches justified yes?
------
------
------
d. Were improvements and interests (min-
eral, gas, etc.) evaluated based on
their contribution to the whole
Yee?
------
------
------
e. Salvage value of improvements and
growing crop values considered
Yes?
------
------
------
F. PROPERTY DESCRIPTION
a. Lend description--induding soil types,
topography, etc.
Yes?
------
------
------
b. Improvements-identified, located and
described
Yes?
------
------
------
c. Minerals, gem, oil, timber and growing
crops identified Yes?
------
------
------
d. Description of property before and after
taking
Yes?
------
------
------
G. HIGHEST AND BEST USE
a. Set forth and justified
Yes?
------
------
------
b. Alternatives discussed
Yes?
------
------
------
c. Highest and best use after the taking not
forth and justified Yes?
------
------
------
H. MARKET DATA
a. Prior sale of subject property considered Yes?
- - - - - - - - - - - - ------
b. Cost data justified and supported Yes?
------ ------ ------
c. Depreciation, including physical, func-
tional and economic obsolescence de-
fined, analysed and sappartsd Yes?
------ ------
d. Income, expense and eapitaWation rates
analysed and supported Yes?
------ ------ ------
e. Capitalisatioa technique analysed and
supported yes?
------ ------ ------
f. Comparable sales verified, described,
analysed and related to subject prop-
erty Yes?
------ ------ ------
g. All sales reported whether or not com-
parable Yes?
I. DAMAGES AND OPPSHTTING BEN&
------ ------
PITS
A. Appropriately outlined and discussed Yes?
b. Adequately analysed and supported yes?
a. According to Federal law Yes?
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 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
J. CORRELATION AND CONCLUSION
s. Appropriate dleusdon Yes?
b. Conclusion sound and ocnvinotni Yes?
M
atbematleal computations
a
correct
8. CERTIFICATION
i Standard alauses included Yes?
b. Effective date of valuation estab.
Wished Yee?
C. Appraised values set !or-.h Yee?
L. EZB BITS Yes?
a. Appropriate pictures Yes?
b. Date of pictures establisbed Yes?
G. M&P 'bowing subject and comps.
Y
d. Plat plan, survey and ost
M. QUALIFICATIONS OF A p~ SI aR Yaet
A. In report
b. Wall qualified
N. GENERAL
a. Would appraiser be used as witnen
b- Dom Government have other ap.
Yes?
Yam?
Yes?
Mi""; if (Yes) erpiain Yes?
G. Are additional appraisals warrant.
ad; U (Yes) e=plala Yes?
APPr. Appr. Appr.
(I) (2) (3)
------ ------ ------
------ ------ ------
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 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
INDEX
Abstract of title: A
See title evidence -------__-_- >
Abstracter: - - - ------- 3,21
Continuation evidence
- - ------ -- --
Access road easement 24
Acquisition: ? - - - - 41
By condemnation
23
By direct purchavc........ -----
Compliance with conditionx 17
Precedent ---- - - --- ---- - -
Lcgtslativo authority for 2,23,32
- _ _ _ _ - _ ? - -
--------------------- - -
__-_-----
Necessity 2
------------------------------------
Steps prior to............. Administrative Officer: .................................... l
Determination, by:
Estate
--------__ -
Loeation__ - - --- ----- - 1
--------------------------
Operating program 1
---
Purposo 2
Statutory - -""-'- 2
authorisation -.--- --------------
A davits
of heirship "'------------------ 2
APPeal recommendation.-. --
----------------------------------------- ----- 5
Appendix A_._-. 38
Appendix B---?- --------------------- 31
39
Appraisal analy,ir form - - - - - - -
Appraisal,: - 37
Adequacy of to be determined
Analysis of _ 7, 36 35
Appraisal techniques explained-
Compliance with Uniform Appraisal Standards for Federal Land
Acquisition.-
------------
Consideration of easements, rights.(-way, or encumbrances on -
.the land Consideration to project benefits
Contracts for: "" - 8
Trial jervieft
- - - -
Updating 6,35,36
--- -- ----- - -- 5, 7,28, 35
Disclos ure of----------------- -- ----- ----- ----- 6,13
Fees for Negotiations for --------------------------------------- d
----------------
Correct legal basis 6
---------?----
Date of tLWng ----------------- 7
Factual data----___---7
Accurate plat----------------------- 7
Correct evaluation date- ------------------
Highest and best use-----------------------------------
_ - _ _ - - - - - 7
Market data-
--- ----------- ------
----- --------------
Review 9
------------------ ----------------------- 34,35
Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
as
appraisnts-Continued pow
Anals+ds of--Continued
Independently made ------------------------------ 35,36
Pe------ ------------------------------------------ - 6
27
Sent with condemnation request__ ------------------ 7.28
To reflect date of taking-------------------------------- 6
Timber, mineral crops---------------------------------- 8.9
Severance damages---------------------------------------- 35,39
Supplemental --------------------------------------- ------5
When to be obtained--------------------------------------- Where variances substantial -------------------------------- is
Appraisers: Approval by United States Attorney -----------------------------
-------
------
-i,33 13
Landowners, relations with------------------------
-
------------
-,6
Qualifications ------------------------------------
Selection of_---------------------------------------------- ---
536
ApproprWion
Act shown in request ------------------------------------------
25
2
Limitations on acquisitions-------------------------------------
Assessments----------------------------------------------- -- ---
, 19
Attorney General:
4
Kust approve titles ------------------------------------- ------
23
Institution of proceeding by_ -
Letter to, re condemnation- -------------------- 23, 24,25, 26, 27
Authority :
-----------_ _ _ _ _ _ _ _ _ _ _ - - - - - - - 16, 17,23
Delegation of authority --------------------------------
For Federal Program -------------------------------------- --- 2
Legislative, for acquisition -------------------------------------- 2
2
Legislative, establishment-------------------------------------- 24
Stated in Declaration of Taking -------------------------------- 2
Statutory deficiency-- -------------------------
To condemn. -------------------- 25
-----------------------------
To purchase------------------------------------------
Award: --- - - 16
Distribution of-------------- ------ 28
Raoommandation re__ ------------------------
Benefits:
6
Extent of is a fact question-------------------------------------
Legal citations iustifying deduction for..-------------------------
-
9
offsetting---------------------------------------------------
9
8
Proper consideration for appraiser-------------------------------
-
.
8
When other lands similarly benefited.-----------------------
-------
48
Borrow easement-------------------------------------------
42
Borrow pit and spoil area easement---------------------------------'
Boundaries : - - - 2,25
Exterior------------
Map -- - 2
Exterior, shown on
Buildings: ----------- 18,22
Clearance bond.
----------------?------------------ -- 15
Brokerage tees---------- -----------------
-----------------------
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 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
Certified by vendor to pay tax liens
Deficiency ----- ------- 19
28
Deductions from ----------'-----
Purchase check ------
------------------------?- 18
Direct purchase caree_-_--
-
Estimated compensation
------------------------ --- 17
Treasurer's check
----- -- 25
--- --
17,20,25
------------------
d
Delivery to ve
n
or
------------
--
Clearance ----?-?--------- - ------- 20
b
d
on
----------------- --------------------- -------
Closing: ----- 18
Capitalisation of income:
Factors must be justified
PRO
Income-produeing property-------------?-
11
Income not
considered
Used only as a check _
-
?-------
10, 11
Capitalixati0n Rate
11
Cemetery:
11
Extinguishment of rights in - _ _ _ - _ - - - - _ _
L'ertiscate of Inspection and Possession:
_____'__?---------------
42
In direct purchase cases---------
In condemnation cam-
---------- 16,
18,22
Form
-------
f,
--------?-----------------?---------------- 50
Certificate
f
O
se
s o
search ... ----------------
-
Certificate of title: ---------------------------4
See title evidence
Check: 3
Action required for------------------------------------------- Closing statement -
- - - - - - - - - - - - - - - -
F
18
orm ---------------?-------
Delay in closing--- ?_ - - - - -? - -
Deed to United Stater---__-- --- -
D
l
53
21 20
e
ivery of check to vendor
- - - --- - - - ---
Documentary or Tax Stam
20
ps------------------------------
Fee for recording
doed
Inspection of premises --------
20
20
----------------
Releases
18
-----?_-?-----_----
----------------------
Ta
li
20
e
ens or assessments _______?
Attorney ----------------------- - -
19
By agency closing attorney
Agency manuals
18
By Jusuce
-------------------------
18
Comparable sales:
-----------------"--- -
17
Arm's length transactions
Bat evidence of value
10
-----------
Factors of comparabilit
10
y
Complaint-----
---?- -----
10
Condemnation: --------------- ------------?--
32
General Statute ------------------------------------------------
2,33
Umitations of powerProcedure prior to requesting_ 2
Procedure by agency after ------------------------- 32
request for---------------------------- 27, 32
Appraisals furni-l
Assistance toward eB~ted)------------------------------ 6,13
g distribution of award-------------- 28
- Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
Condemnatlon-Continued
Procedures by agency after request for- Confnned no
Continuation of title evidence ------------------------------- 27
Cooperation with United States Attorney--------------------- 28
Advise of interests purchased--------------------------- 28
Availability at WW ------------------------------------ 28
Coordination regarding settlements---------------------- 28
Furnishing exhibits------------------------------------ 28
Trial or pret:ialsettings -------------------------------- 28
Witnesses--------------------------------------------- 28
Designation on property of United States ownership - - - - - - - - - - - - - - - 27
Appraisalreports ------------------------------------------ 27,23
Appropriation Act----------------------------------------- 24 24
Authority------------------------------------------------
Check for estimated compensation --------------------------- 25
Declaration of taking-------------------------------------- 25
Compliance with 40 U.S.C. 258s------------------------ 25
2
Description of the estate-----------------------------------
Description of property------------------------------------ 26
Area to be designated---------------------------------- 26
Parcel descriptions------------------------------------- 2.5
Perimeter description---------------------------------- 26
Designation of field rep. esentative--------------------------- 24
Determination of necessity---------------------------------- 23
Judgment------------------------------------------------ 28
Low-valued tracts ----------------------------------------- 26
Negotiators' reports ---------------------------------------- 26
Plat or map ofland ---------------------------------------- 26
Conformance with written description-------------------- 26
Easements -------------------------------------------- 26
Exterior boundaries------------------------------------ 26
Improvements on land shown---------------------------- 26
Relocation of rights-of-way----------------------------- 26
Rightsof-way---------------------------------------- 23,26
Possession -------------------------------------------------
use------------------------------------------------ 22
Ssttbmsnts----------------------------------------------- 22,24
Title evidence--------------------------------------------- 27
Without declaration of taking------------------------------- Z6
Statutory Authority--------------------------------------- 2.5
Conditions:
Precedent---------------------------------------------------- 24,33
Consent:
Landowners-------------------------------------------------- 25
State legislature----------------------------------------------- 27)
Construction area:
Identified on mapd-------------------------------------------- 3
Continuation evidence---------------------------------------------27
Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
Contract: pop
Appraisals---------------------------------------------------- 6
Ofaale ---------------------------------------------------- 15,16,21
Title evidence in condemnation proceedings------------------------ 3,4
Title evidence in direct purchase cases--------------------------- 3, 4
Coat approach:
See Reproduction Cost----------------------------------------- 12
Cost justification-------------------------------------------------- 2
Crops:
To be included in appraisal------------------------------------- 6
Curative data----------------------------------------------------- 4,27
Acquiring agency to obtain and furnish-------------------------- 4.27
Damage, severance:
Considered in appraisal---------------------------------------- 9
Explanation for emential--------------------------------------- 9
Declaration of Taking:
Form for----------------------------------------------------- 54
Number to be furnished---------------------------------------- 25
Requirements of---------------------------------------------- 25
Congressional authority------------------------------------ 25,26
Description----------------------------------------------- 24
Estimate of compensation---------------------------------- 32
Plat ----------------------------------------------------- 26
Public use------------------------------------------------ 23
Whether required------------------------------------------ 24
Deed records:
To confirm comparable sales transactions------------------------- 11
Deed oftrust ----------------------------------------------------- 18,20
Deed to United States--------------------------------------------- 20,21
Draft of------------------------------------------------------ 16
Fee for recording---------------------------------------------- 20
Part of final purchase assembly------------------------------ 17, 20, 22
Preparation of------------------------------------------------ 20
Deficiency-------------------------------------------------------- 28,32
Depreciation:
Considered in appraisal approaches------------------------------ 12, 13
Economical--------------------------------------------------- 13
Functional---------------------------------------------------- 13
Physical- ----------------------------------------------------- 13
Description:
In Declaration of Taking--------------------------------------- 24
Necessity for correctness--------------------------------------- 24
Number of copies in Declaration of Taking cases------------------ 25
Determination of necessity------------------------------------------ 23
Direct purchase acquisition----------------------------------------- 16
Action required for closing-------------------------------------- 17, 18
Closing by agency attorney------------------------------------- 18
Closing by Justice --------------------------------------------- 17
. Requirements of acquiring agency--------------------------- 18
Delay in closing----------------------------------------------- 21
Declassified and Approved For Release 2012/04/11: CIA-RDP02-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241 R000300120003-0
pop
----------
Disclaimer
----------------------------------------- 32
Ducontin,mncs and dismistal ---------------------------------------------
?-------- A29
Distribut:an of award---------------------
20
------------------------- -
--
DoaummtaryPa--- ----
_
17,21
Donation ?-------------------------------
Drainage ditch casement-------------------------------------------
42
Drainage easement ------------------------------------
Estimated compensation:
Shown in Declaration of Taking---------------------------------
EAMMMA: 41
Access road--------------------------------------- ----- - --- 7
Appraisal to include------------------------------------------- 42
Borrow ---------------------------------------------- -_--- 42
------------------ 40,41
-------------- ------------
Drainage ditch------------------------------------------------
Flowage ------------------------------- ------------- _..-- -- 43
R.ailroad----------------------------------?--?------ 43
Road------------------------------------------------------- 24
Shown on map------------------------ --------------
Temporary, for exploratory PurPoses----------------------------- 44
-----------------------------?
Utility or drainage ------?----
Eminent Domain: 2
Limitations of power. ..- --- --- - - 2
Use of power ---------------------------
Encumbrances: 7
Appraisal to indicate ------------------------------------------- 20
------------
Fee to discharge ------------------------- 20
Release of ----------------------------------------- 7
----------------
Enhancement, due to project, excluded ---------------
Estate: ----------- I
Determination re---------------------------------
----- - --__ 1
Existing tacilitie+._-.--------?-------------?----- .
28
In Declaration of Taking------------------------' 1
Other property under governmental control -------------------
--------------------------.------
Pending project ----------
Suggested wording:
Access road easement-------------------------' 40
?------------------------ 42
Borrow easement -----------------
area easement-------------------------- 42
Borrow pit and spoil
Drainage ditch oasemeaL------------------------ ----- --- 42
Extinguishment of rights in cemetery------------------------ 40
fee ------------------------------------------------------ 41
-------------------- 40
Flowage easement, oeoadonal _ _ - - - - - - - -
Flowage easement, permatient------------------------------- 43
Ixusehold estate ---------- --------------------------------- 43
minerals------------------------- 43
.Nloratorium on outstanding
Railroad easement-----------------------------------------
43
---------------------44
Road ensement______--.---
Temporary easement for exploratory purpoe --------
44
--------------
Utilitics andlor drainage easements----_-------
Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
Exchange:
Data re
------------------------
Exhiblte: '--------------------- 16,21
Number of in condemnation oasas
-----------
Trial purposes 2.5,29
----------------------
------------------------- -
Expenses: 28
Landownera_________ 4aving, ----------------- - -- 14
Exploratory easement-_-_ 15
Federally owned land:
Whether available
Whether suitable for ----------------------- 1
proleot------ --- --- --
Fee: 1
Estate
For recording doed-------------- whether preferable to lesser estate----- --
Field representative for Agency:
Designated in condemnation request
---------___ 24
In direct purchase eases----------------------------------------
Final opinion: 17
Request for, purchase cases------... ----- - -
Final title assembly: 21
---- - -
Requirernents------------------------------------------------- Where n preliminary title opinion ---------------------------- 21
Flowage casement- 21, 22
- - - - - - -
Forms, Table of 3,40,41
-------------
39
Highest and best use:
Basis for
Improvements:
Retention of
------------?--- ---?
Shown on map 15,18
-------------------
Inoomc C ----?----------?------- --- - 2,26
aWtalisstion of: Elements considered..
Income, ----- ----------------------
Income, not --- ---- --- - ---?---- 11
After depreciatioa_ -?- ?----- ----?- 11
Before Inspection:recnpturc --------------------------------------- 11
Certificates of_.-.-___---
Of promises 16,18,22
--------- - ---
Interest -?------------------- --------- 16,18
Inclusive of.--- - -? ------------------------------ 32,34
Inwood factors .................................
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 Declassified and Approved For Release 2012/04/11: CIA-RDP02-06241 R000300120003-0 =
18,20
Judgments: ..... 18,20
------------------------------
Apinst vendor.--------- ---------------- 28.29
Awarding compensation------------------------
20
Rele+ec-------------------- ------------- . 2b 32,34
Just compensation ------
---------
?Market value " mwan--?--------
IAWd:
Availability of other ---------------- -------
Purchase bl-------------------------------- ------
Authorization, specifi --------
Land, Federally owned-------------------------------------
2
l
9
Land, dre est& g-----------------------------------------------
bei
43
Legal Officer: 33
Determinations by----------- _-__--
Legislative oomultatlon-------------------------------------------- 23
------
------
--
nation
16
d
----
-
_-_
em
Letter requesting con
Letter requesting preliminary title opinion --------------------
Liens: --_--_-- 18
A sessmentr--- ----------- 19
Not payable or determinable at closing- - _ - - - - - - - - - - - - - - - - - -14.18, 19
Discharge by landowner.----------------- - 14. 18, 19
Taxes ----------------------------------------------------
on acquisition: - _ - - - - - _ - _ - 24.32
Conditions precedent --------------------
---------- ----- ---- 24,32
MonetarY ------------------
Lis pendens--------------------------------------------- ---------
34
Location of parcels-
_--?---?-------------------Low-valued acquisition :
------ -----------
26
--------
Justification of need ------------------
IMap
n condemnation
In direct purchase
------------------------
------------------ -----------------------
---------------
16.21
Projectlimits------------------------ 9,34
Market data------------------------- 1
--------------------------
-----------------
Capitalisa*lOn of income---------- ---- -_-__ 10. 11
---------------------- l0
Comparable series --------------------
In appraisal---------------------------- --------------- 10
Prior salsa----- ------------- 12
on.------------
Reproductioa cost new lass ds
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 Declassified and Approved For Release 2012/04/11: CIA-RDP02-06241 R000300120003-0
Mechanics' lion eWms: tea.
DW rs---------------?---------
Metas and bounds----?------- --- --------- -- 16118
Minerals: -------?-----------?-
Estate for moratorim on -.-------.
------?-------------------
---??-------------
Waiver --- 43
Miailaaw dW. 17
7
Title
-------------------
Martgaw: -
17
R
elease at .................................................... 1&,90
N
National Environmental PoHoy Act of 1969..
National Hbtorie --------------- 94
Necessity: Prwrvatlon Act a[ 1966_________?--__------------- 94
-- Om
In decor mnata'on request ar_.------?------------------- 1
etotisLior Proadns.e.._.__.--- ------??------- 93
-----------
PPr'a+sal disdauree............ AvOUUOI ar saving amPhaoaed.---------- --------------
1a
Brokarap few.... 11;
--------------------------------
Improvements
P13
aymant is ash-____-- ----------- i5
----------
tle search ----------------------------------- 1a
Executoonn of agreement---------------- ?-------- is
Need of landowner to disobarge liens. -----------------------"__ 15
Preparation of sales instrument ----------------------
.._.___ ----- 14
"Prog, Property and Just Compensation" --------------------- 15
Public relations --------------?------ 14
Settlements -........................ 14
to --- ------------------------------------------- 29,34
With landowner,--- .
uation after referral for condemnation....... 29
Nebotiaton' reports:
With Condemnation assembly-----------?----------
New trial reoommendations-----------------------------------?----- 98 26
0
es--------?-------------
er to eeu eassmeat----------------------------------------------
- 13
OQer to asJ! real property .-______
4e
Mier and CouataroQer ___-?----------
--------------------------------------------- ------------------- 4a
Omar, Administrative:
DOtermin"Ons b
Opiaion, Attorney General: ------------ ?----- 1
Af
Request ter purchase of real property.------------
for preliminary------------- ------
22
Where not required .__--_--- ....... 16
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 Declassified and Approved For Release 2012/04/11 CIA-RDP02-06241 R000300120003-0 -
pow
Option:
Form for----------------------------------------------------- 46,48
With condemnation assembly----------------------------------- 1s
With purchase assembly
Ownership :
Full information re-------------
4
-------------------------------------
Sign indicating ---gowrnm
Unity
Acquiring agency----------- ---------------------------
Certifioates of -------------------------------------------------
4,18
4`23
Persons in----------------------------------------------------
---
23
Request for------------------------------------------------
-
28
Justification, low-valued tracts-----------------------------
23
Management aasum$ion---------------------------------------
Prior sales---------------- ------------------
9
-------------------
--___------ ---------
Considered in Appraisal --------------------------------
Remoteness of --------------------------------------
Preliminary opinion-------------------------------------------
9
16, 17
16
Requirements of request for- _
18
Transmittal letter for------------------------------------------
17
18
,
Information with--------------------------------- - -
28
--
Pretrial-------------------------------------------------------
33
-----
P
Parcel numbers---------------------------------------------------- 12
Parcel location-----------------------------------?---------------- lb
Payment in cash----------- --- 15
Penalty provisions---- ----------------------
Plaaaing: 1
Initial, for public project---------- ------------------ 2
Map, contents of-------------? -_
Platy-See Map----------------------------------------------- 7,16,21,26
Possession: 18
Price escalation ----------------------------------------------
14
progress, Property and Just Compensation---------------------------
Project:
2
Coordination of-----------------------------------------------
7
Influence of---------------------------------------------------
3
Limits of-----------------------------------------------------
Plane of------------------------------------------------------
S
Proparty:
----
26
Description-----------------------------------------------
---
26
Perimeter----------------------------------------------
Identified in opinion request ------------------------------------
17
2
Loeation
__
Necessity of--------------------------------------------------
----
23
27
Ownership sign on-----------------------------------------
17
--------------------------
Parcel numbers assigned---- --------.
23
8
Posseasion----------------------------------------------------
,
1
12
ecial purpose ------------------------------------------------
S
p
-------------------- ------ ------
Public Relations------------------------------------------ __
Public use--------------------------------------------------------
14
23
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 Declassified and Approved For Release 2012/04/11: CIA-RDP02-06241 R000300120003-0
Pureba+e Assembly:
Contents at
Final.
16
Return ot_-----?-_-?
21
--
Purchase Money:
17,21
Wben ?
Purpose ------?-------------
------
20
Fortakins_-----?---?-?--------------------?------------------
1
R
Railroad eassmsnt.----??-------------------
Real Property: ----
Exterior boundaries
--- --?---_-'--
Location of, on
2
Receipt
Recorder of deeds__-
------?------------------
22
----------------
Recording fee: ----?----------------- 16,
20, 21
Pa
m
t
y
ent O
----------------------?-
R
--------
efund ._...
------ 17
20
21
,
__.____
,
--------?-
Relocati
-'----
------------------
on ___..____
Report of trial
3
26
-----__--
-?----i---------?
Reproduction cost less depreciation: -----------------------?--
,
28
Caution in use of stressed-----------?----_-----
Considerations when using ------------
10, 12
Reliability '--- --
-------------
11,12
Use for "Unique- pro
i
nique" pro
i
12
12
pert
es
peR
ae
----------------------
When used
12
----------------
Revenue stamps
------------?
12
11
~
------------------ -
Rights-of-way: -------------
Appraisal to indicate-
Identified on ma ------------
Relocation of
,
20
3
26
-----------------------
R
,
-
oad easement--- ------------------------
26
App..meat-------?--------------
-
- ?-?--- -. lb, 1a 4s. 4a
Comparable
Adjustments to psoD+et7 --- acqUIM& -------?----?-----?----?--- 10 evidence _.------------------------- 0-
1
~l~ on Property aequa+ad---------?------------------ 10
Verification y eomparabl.----?----?........................ 10
_Whether arm,s length ........................... 11
~? Property, best evidence traoaa ------------
Of 10
___
Settlements ------------------ .......................... 10
COOrdWAting --------
----------------------------- 29,34
consideration of___________________________________ 20
Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
Severance damage: G'&9
Appraiser to consider -------------------------------------- 2
est termining-- --ate
Considered o in de
invasin ------------------------??------ 34
Steps to to avoid----------- Title Evidence" -------------- ----4,16,22
"Standardsfos the Praparatb of ------------------- 4, 19,E
Statutory
Adequacy of t------ ----------. - --------------------?- 82
Conditions prscedentin ------------------------------------'-
SW we, news:
Contents of---------------------------------------------------
2
T
9
Table of forms.
----------------
3
Tax:
19
---------
19
-------
19
Refund------------------------------------------------
18
Stamps ?
Statement
---- --
19
Was:
14
Discharge by landowner---------------------
------------- - - -
19
Not payable on closing date------------------------------------
19
How to discharge-------------- -----------------------------
Payment by title com --------------
Pay---?--------------------
Tax settlement--------------------------------------------- ------
19
34
Timber:
6
To be included in aPPrai-6I------------------"--- ---------------
Title company:
19
-
Payment of taxes by -----------------------------------
When prompt action by, not taken- --------------------------
4,
Tide defects--------------------------------------
4
19,27
Title evidence: 17
4
5
,
3
Agency analysis---------------------------
-?--
Agency, acquisition-----------------------------------?---
SO
---------
4
C4K'ddoate of inspection and possession - --
Continuation ol----------------------------------------------- 4
CVnVWt for
s to beinaoeporated-------------------------------- 4
ll t
erm
A
In condemnation poeeedinp------------------------------- 4
Lt when propt.rty idsa -----------------------
-- 4
-----
prompt delivery------------------------------------
Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120003-0
73
Tine ~~eO~-