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PUBLIC BUILDINGS, ETC.
<br />ee of final Judgment; appal
<br />reventing or delaying vesting
<br />section 258 of this title nor any
<br />3perate to prevent or dcl:,y the ve
<br />S La 1 cs.
<br />122.)
<br />ttortcal Note
<br />this
<br />om
<br />ctice and Procedure
<br />illcr, Civil § 1344 et seq.
<br />ractice and Instructions
<br />c damage✓ -mitigation of damage, see § 93.01 et seq.
<br />Aeral Regulations
<br />,;cc 36 CFR 212, t ct sq.
<br />ted States to pay ultimate award
<br />title irrevocably committing the United
<br />Ate award shall not be taken unless the
<br />tr agency or bureau of the Government
<br />III be of the opinion that the ultimate ,d
<br />limits prescribed by Congress on the „
<br />and Procedure
<br />Civil 5 3,.44 et seq.
<br />Ice and Instructions
<br />mage--mitigation of damage, see § 93.01 ci seq.
<br />al Regulations
<br />6 CFR 212.1 et seq.
<br />4721 Acres of Land, Parcel No. 5, D.CJC.
<br />1943. 48 F.Supp, 73.
<br />L A"adonsnsat of prooesdtaga
<br />Where United States govemment had take
<br />Property under sections 258&-238e of this title
<br />authorizing taking of possession and cite of.
<br />Private property on filing declaration of taking
<br />and deposit of estimated compensation In
<br />court, government was irrevocably bowed Ltd
<br />,say ultimate award In pending condemtt&dM.;
<br />Ch. 3 BUILDINGS AND WORKS GENERAUV 40 § 25$e
<br />pnwctA,ngs, rcgardlcas of whether ulunutr
<br />r.vard was within limits prescribed by Con
<br />gress on price to be paid, and government
<br />Lould not thereafter abandon proceedings
<br />licsscl v. A. Smith b Co.. D.C.II1.1936. 15
<br />F Supp, 953.
<br />3. AdmJnlatruAJve opintoo
<br />If Congress provides a limit on amount to be
<br />spent on land for ■ specific project under
<br />sections 258a to 258e of this title, the require -
<br />merit of Administrative opinion that amount of
<br />ultimate award will probably be within such
<br />limit is met by request of agency to Auorncy
<br />General to file condemnation proceeding. U.
<br />S. v. 40.75 Acres of Land. Mort or Leas. Situ-
<br />ate in Du Page County, Ill.. D.C.111.1948, 76
<br />FSupp. 239.
<br />4. 1-Imlt 00 amount to be paid
<br />Congress need not provide limits on the
<br />amount to be spent on land for a specific
<br />Pro,"Yt under sections 258a to 258e of this
<br />title U. & v. 40.75 Acres of Lund. More or
<br />Less, Situate in Du Page County, Ill., D.C.III.
<br />1948, 76 FSupp. 239.
<br />§ 258d. Taking in advance of final judgment; right as addi-
<br />tional to existing rights, powers, and authority
<br />The right to take possession and title in advance of final judgment in
<br />condemnation proceedings as provided by section 258a of this title shall be
<br />in addition to c-ny right, po•v !r or authority conferred by the laws of the
<br />United States or those of an) _ or Territory under which such proceed.
<br />ings may be conducted, and s,, - not be construed as abrogating, limiting,
<br />or modifying any such right, p. r, or authority.
<br />(Feb. 26, 1931, c. 307, § 4, 46 Stat. 1 ' 22.)
<br />Federal Practice and Procedure
<br />Condemnation procedure, see Wright tit Miller. Civil § 3044 et seq.
<br />Federal Jury Practice and Instructions
<br />Condemnation --.eminent domain —severance damage --mitigation of damage, see § 93.01 et seq.
<br />Code of Federal Regulations
<br />Forest development transporution system, see 36 CFR 212.1 et seq.
<br />§ 258e. Taking in advance of final judgment; demo _,tion of
<br />buildings thereon; erection of public buildings or
<br />works; 'unds available for purpose
<br />In any case in which the United States has taken or may take possession
<br />of any real property during the course of condemnation proceedings at. ' in
<br />advance of final judgment therein and the United States has become
<br />irrevocably committed to pay the amount ultimately to be awarded as
<br />compensation, it shall be lawful to expend moneys duly appropriated for
<br />that purpose in demolishing existing structures on said land and in erecting
<br />public buildings or public works thereon: ProvtdeA That in the opinion of
<br />the Attorney General, the title has been vested in the United States or all
<br />Persons having an interest therein have been made parties to such proceed-
<br />ing and will be bound by the final judgment therein.
<br />(Feb. 26, 1931. c. 307. § 5, 46 StaL 1422. Sept. 1, 1970. Pub.L 91-393, § 4, 84 Stat. -
<br />835.)
<br />historical Note
<br />19" Anwadu*mL Pub.L 91-393 climinat. section 255 of this title' which followed 'pub.
<br />ed word. w, notwithstanding tin provisions of lic works thereon
<br />353
<br />
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