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40 § 257 PUBLIC BUILDINGS, EM, Ch. 3 BUILDINGS AN(
<br />Note 203
<br />Precept where section 258a of this title is
<br />invoked, and then only because that section
<br />fixes the rate of interest, the federal rule is
<br />settiod that interest in condemnation proceed
<br />ings runs from date of the taking, and federal
<br />courts are usually consiraincd to vJoci the
<br />local rate of legal interest as the one proper in
<br />such procoodings, even though it is conceded
<br />that conformity did not so roquim US. v. A
<br />§ 258. Omitted
<br />Ccnain Tract or Parcel of land I
<br />County, Ga., D.C.Ga_1942, 47 FSUf
<br />Allowance of interest on interest
<br />amount awarded for land and caae
<br />in condemnation prooeoding is
<br />U.S. v, 20.08 Acres of Land in H
<br />Allegheny County, Pa., D.C.Pa.1941.
<br />421.
<br />Illstorical Notc
<br />Codlfieadom Section, Acts Aug. 1, 1988. c ity, as near as might be, to sate practl
<br />728. § 2, 25 Suit. 357; Mar. 3, 1911, c. 231. pleading, has born omitted as superse
<br />§ 291. 36 Stat. 1167, which. in connection with rule 71A of the Federal Rules of CdvU
<br />condemnation proceedings, required conform- dure. Title 28.
<br />§ 258a. Lands, easements, or rights of way for public
<br />taking of possession and title In advance of
<br />Judgment; authority; procedure
<br />In any proceeding in any court of the United States outside of the District
<br />of Columbia which has been or may be instituted by and in the name of
<br />and under the authority of the United States for the acquisition of any land,
<br />or easement or right of way in land for the public use, the petitioner may
<br />file in the cause, with the petition or at any time before judgment, a:.'
<br />declaration of taking signed by the authority empowered by law to acquire' .
<br />the lands described in the petition, declaring that said lands are thereby'
<br />taken for the use of the United States. Said declaration of taking shall.
<br />contain or have annexed thereto—
<br />(1) A statement of the authority under which and the public use for
<br />which said lands are taken. r
<br />(2) A description of the lands taken sufficient for the identification
<br />thereof.
<br />(3) A statement of the estate or interest in said lands taken for said
<br />public use.
<br />(4) A plan showing the lands taken.
<br />(5) A statement of the sum of money estimated by said acquiring
<br />authority to be just compensation for the land taken.
<br />Upon the filing said declaration of taking and of the deposit in the court.,
<br />to the use of the persons entitled thereto, of the amount of. the estimated
<br />compensation stated in said declaration, title to the said lands in fee simple
<br />absolute, or such less estate or interest therein as is specified in said
<br />declaration, shall vest in the United States of America, and said lands shall.-
<br />be deemed to be condemned and taken for the use of the United States, and;
<br />the right to just compensation for the same shall vest in the persons entitled
<br />thereto; and said compensation shall be ascertains' warded in said
<br />proceeding and established by judgment therein, and tic said judgment
<br />shall include, as part of the just compensation awarded, interest at the rate
<br />of 6 per centum per annum on the amount finally awarded as the value of
<br />the property as of the date of taking, from said date to the date of payment;
<br />but interest shall not be allowed on so much thereof as shall have been paid
<br />276
<br />into the court. No sun,
<br />ct,tnmissions or poundage
<br />Upon the application of
<br />the money deposited in the
<br />or on account of the just t
<br />If the compensation final13
<br />thereof, shall exceed the a
<br />entitled, the court shall ci
<br />amount of the deficiency.
<br />Upon the filing of a dec.'
<br />fix the time within whit:
<br />possession shall be require
<br />court shall have power to
<br />liens, rents, taxes, assessr
<br />shall be just and equitable
<br />( Feb. 26, 1931. c. 307, § 1, 46
<br />Short Title. The Act of Feb.
<br />307. 46 Slat. 1421. which is clan•
<br />Alaska native reindeer industry, a
<br />section 500a of Title 25. In
<br />Alternative sources of condemn,
<br />judgment as not abrogated
<br />title.
<br />Coast Guard, exercise of functio,
<br />Coast Guard.
<br />Colorado River Basin Project, On
<br />1522 of Title 43. Public Lai
<br />Condemnation of property, right
<br />Congressional limits on price to
<br />authority, see section 258c
<br />Connecticut Indian claims seulen
<br />resources, see section 1754
<br />Defense housing, acquisition of 12
<br />licalth and Welfare.
<br />Federal Aviation Administration.
<br />49, Transportation.
<br />Ilclium•gas•bearing land, condcn
<br />Irrigation projects, acquisition t
<br />Lands.
<br />Jurisdiction of United States dis
<br />Title 28. Judiciary and Juc
<br />Maine Indian claims settlement,
<br />within reservations, see se
<br />Naval petroleum reserves, right-o
<br />Armed Force.
<br />Nuclear Regulatory Commission,
<br />Public Health and Welfan
<br />Postal Serviw, power of condos
<br />Service
<br />Redwood National Park, aoquish
<br />River and harbor improvemenu
<br />Navigation and Navigable
<br />Socretaries of Army and Air Rot
<br />4780 of Title 10. Armed F.
<br />Tennessee Valley Authority. righ
<br />this section x section 8'
<br />Uniform real property acquisitie
<br />section 4651 of Title 42. T
<br />
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