7 C.F.R. § 1955.61
Eviction of persons occupying inventory real property or dispossession of persons in possession of chattel property
Advice and assistance will be obtained from OGC where eviction from realty or dispossession of chattel property is necessary. Where OGC has given written authorization, eviction may be effected through State courts rather than Federal courts when the former borrower is involved, or through local courts instead of Federal/State courts when the party occupying/possessing the Rural Development property is not the former borrower. In those cases, a State Supplement will be issued to provide explicit instructions. For MFH, eviction of tenants will be handled in accordance with 7 CFR part 3560, subpart D and with the terms of the tenant's lease. If no written lease exists, the State Director will obtain advice from OGC.
Notes of Decisions
Cited in 2
cases, 1992–1995 · leading case: Nat'l Wildlife Fed'n v. Espy, 45 F.3d 1337 (9th Cir. 1995).
Nat'l Wildlife Fed'n v. Espy, 45 F.3d 1337 (9th Cir. 1995). “§ 1997 (g) (granting Secretary power to enforce easements); 7 C.F.R. § 1955.61 (requiring FmHA to protect inventoried property from trespassers and to file suit against such trespassers when necessary).”
Johnson v. United States, 789 F. Supp. 748 (N.D. Miss. 1992). “1986 and 1987 although FmHA was the titled owner of the Johnson farm and that no written lease was in effect between the two parties; (2) that FmHA never, during this time period, attempted to evict Johnson from the property (and, in fact, no FmHA official ever suggested…”
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