40 U.S.C. § 3113
Acquisition by condemnation
An officer of the Federal Government authorized to acquire real estate for the erection of a public building or for other public uses may acquire the real estate for the Government by condemnation, under judicial process, when the officer believes that it is necessary or advantageous to the Government to do so. The Attorney General, on application of the officer, shall have condemnation proceedings begun within 30 days from receipt of the application at the Department of Justice.
Notes of Decisions
Cited in 35
cases (14 in the last 5 years), 2004–2025 · leading case: United States v. 1.04 Acres of Land, More or Less, 538 F. Supp. 2d 995 (S.D. Tex. 2008).
United States v. 1.04 Acres of Land, More or Less, 538 F. Supp. 2d 995 (S.D. Tex. 2008). “§ 1103 (b)(3) and 40 U.S.C. § 3113 . (Docket No. 1). The complaint sought a temporary easement on Dr.”
East Tennessee Nat. Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004). “See 40 U.S.C. § 3113 (formerly codified at 40 U.”
Transcon. Gas Pipe Line Co. v. Permanent Easements for 2.14 Acres & Temp. Easements for 3.59 Acres in Conestoga Twp., 907 F.3d 725 (3d Cir. 2018). “The other is standard condemnation, permitted by 40 U.S.C. § 3113 , in which title passes and the right to possession vests after a final judgment and determination of just compensation.”
Jewish War Vets. of the United States of Am., Inc. v. Gates, 506 F. Supp. 2d 30 (D.D.C. 2007). “5683, a bill designed to transfer the Mt. Soledad Veterans Memorial to federal control effective immediately.”
United States v. 191.07 Acres of Land, & Milan Martinek, 482 F.3d 1132 (9th Cir. 2007). “On March 10, 1998, the United States brought this condemnation action pursuant to 40 U.S.C. § 3113 (formerly 40 U.S.C. § 257 ), with the filing of a declaration of taking of Martinek’s mining claims and a deposit of funds pursuant to the Declaration of Taking Act, 40 U.”
Texas Border Coalition v. Napolitano, 614 F. Supp. 2d 54 (D.D.C. 2009). “Indeed, as the plaintiff outlines in its legal memorandum, the process available to the property owners whose land is subject to acquisition under the IIRIRA is set forth in the IIRIRA itself, the Declaration of Taking Act, and the General Condemnation Act of 1888, 40 U.S.C. §…”
United States v. 515 Granby, LLC, 736 F.3d 309 (4th Cir. 2013). “V; 40 U.S.C. § 3113 . Based on the 2009 appraisal, the United States offered $6,175 million as just compensation and deposited that amount with the court.”
Transwestern Pipeline Co. v. 17.19 Acres of Prop. Located in Maricopa Cnty., 550 F.3d 770 (9th Cir. 2008). “Statutory Right to Possession Under NGA § 717f(h) The usual process by which the government or another authorized party takes property for public use is through the straight condemnation proceeding.”
Reunion, Inc. v. United States, 90 Fed. Cl. 576 (Fed. Cl. 2009). “See 40 U.S.C. §§ 3113 ("Acquisition by Condemnation”), 3114 (“Declaration of Taking”); see also 49 U.”
Beaverton Sch. Dist. 48J v. Ward, 384 P.3d 158 (Or. Ct. App. 2016). “” We are unaware, however, of any authority, and the Wards do not point to any, applying the federal procedure in Kirby to Oregon’s condemnation statutes or Oregon’s constitutional law.”
City of Scottsdale v. CGP-Aberdeen, L.L.C., 177 P.3d 1198 (Ariz. Ct. App. 2008). “§ 257 , recodified at 40 U.S.C. § 3113 (2002)), which is analogous to Arizona’s direct condemnation statutes, provided just compensation.”
Calf Island Cmty. Trust, Inc. v. Young Mens Christian Assoc. of Greenwich, 392 F. Supp. 2d 241 (D. Conn. 2005). “71A, 2 the government asserts that it has authority for the taking pursuant to the Declaration of Taking Act (“DTA”), 40 U.S.C. §§ 3113 and 3114, the Land and Water Conservation Fund Act of 1965, as amended, 16 U.”
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