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PUBLIC BUILDINGS, ETC. <br />cc of final judgment; appegd <br />reventing or delaying vesting <br />section 258 of this title nor any <br />)pevate to prevent or delay the ve <br />Sta(cs. <br />122,) <br />itorical Note <br />this <br />tom <br />cdce and Procedure <br />filer, Civil § 1.044 el seq. <br />ractice and Instructions <br />c damag—mitigation of damage, ace § 93.01 et 8% <br />deral Regulations <br />.ee 36 CFR 212.1 et seq. <br />ed States to pay ultimate award <br />t <br />title irrevocably committing the United r <br />tic award shall not be taken unless the <br />r agency or bureau of the Government <br />All be of the opinion that the ultimate <br />limits prescribed by Congress on the . <br />•e and Procedure <br />Civil § 3044 et seq. <br />Ice and Instructions <br />mag—mitigation of damage, see § 93,01 et seq. <br />al Regulations <br />16 CFR 212.1 et seq. <br />liedslons <br />47.21 Acres of Land, Parcel Na S, D.cX . <br />1043. 48 FSupp, 73. <br />1. A►aodoaMssst of proowdlogss <br />Where United states government had taken <br />property under soalons 258a-MIc of this" <br />sudwWng taking of possession and dtk of <br />private property on filing declaration of taking <br />and deposit of estimated compensation M <br />court. government was Irrevocably bound 16' <br />my ultimate award In pending condea umdoe ,, <br />Ch. 3 BUILDINGS AND WORKS GENERALLY 40 § 258e <br />proceedings, regardless of whether ultimate <br />award was within limits prescribed by Con <br />gress on price to be paid, and government <br />could not thereafter abandon proceedings <br />lice-wl Y. A. Smith 6t Co., D.C.111.1936, 15 <br />1 supp.951 <br />J. Adm►WatnLLlvc opinloo <br />If Congress provides a limit on amount to be <br />spent on land for a specific project under <br />sections 258& to 258e of this title, the require- <br />ment of Administrative opinion that amount of <br />ultimate award will probably be within such <br />limit is met by request of agency to Attorney <br />General to file condemnation proccoding. U. <br />S. v. 40.75 Acres of Land, More or IA=. Situ• <br />arc in Du Page County, III., D.C.111.1948, 76 <br />FSupp. 239. <br />4. Unit on amount to be paid <br />Congress need not provide limits on the <br />amount to be ,spent on land for a specific <br />project under sections 2584 to 258e of this <br />silk. U. S. v. 40.75 Acres of Land, More or <br />l.cs Situate in Du Page County, Ill.. D.C.111. <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 any right, power, or authority conferred by the laws of the <br />United States or those of any State or Territory under which such proceed. <br />ings may be conducted, and shall not be construed as abrogating, limiting, <br />or modifying any such right, power, or authority. <br />(Feb. 26. 1931. e. 307. § 4, 46 Stat. 1422.) <br />Federal Practice and Procedure <br />Condemnation procedure, see Wright k Miller, Civil § 3044 et seq. <br />Federal Jury Practice and Instructions <br />Condemnation —eminent domain —severance damage mitigation of damage, we § 93.01 et seq. <br />Code of Federal Regulations <br />Forest development transportation system, see 36 CFR 212.1 et soq. <br />§ 258e. Taking in advance of final judgment; demolition of <br />buildings thereon; erection of public buildings or <br />works; funds 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 and 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: PlrovideA 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 />Mcb. 26. 1931. c. 307. § S. 46 Stat. 1422; Sept. 1. 1970. Pub.!_ 91-393. § 4, 84 Stat, <br />8'35.) <br />Eiilatotrlcal Note <br />1l70 Ameadmeot, Pub.L 91-393 climinat• section 255 of this dtk' which followed 'pub. <br />ed wor4e ', notwithstanding the provisions of lic worsts thereon-. <br />353 <br />