U.S. Code » Title 40 » Subtitle SUBTITLE II— PUBLIC BUILDINGS AND WORKS › Part PART A— GENERAL › Chapter CHAPTER 31— GENERAL › Subchapter SUBCHAPTER II— ACQUIRING LAND

40 U.S.C. § 3114

Declaration of taking

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(a)Filing and Content.—In any proceeding in any court of the United States outside of the District of Columbia brought by and in the name of the United States and under the authority of the Federal Government to acquire land, or an easement or right of way in land, for the public use, the petitioner may file, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the land described in the petition, declaring that the land is taken for the use of the Government. The declaration of taking shall contain or have annexed to it—(1) a statement of the authority under which, and the public use for which, the land is taken;(2) a description of the land taken that is sufficient to identify the land;(3) a statement of the estate or interest in the land taken for public use;(4) a plan showing the land taken; and(5) a statement of the amount of money estimated by the acquiring authority to be just compensation for the land taken.(b)Vesting of Title.—On filing the declaration of taking and depositing in the court, to the use of the persons entitled to the compensation, the amount of the estimated compensation stated in the declaration—(1) title to the estate or interest specified in the declaration vests in the Government;(2) the land is condemned and taken for the use of the Government; and(3) the right to just compensation for the land vests in the persons entitled to the compensation.(c)Compensation.—(1)Determination and award.—Compensation shall be determined and awarded in the proceeding and established by judgment. The judgment shall include interest, in accordance with section 3116 of this title, on the amount finally awarded as the value of the property as of the date of taking and shall be awarded from that date to the date of payment. Interest shall not be allowed on as much of the compensation as has been paid into the court. Amounts paid into the court shall not be charged with commissions or poundage.(2)Order to pay.—On application of the parties in interest, the court may order that any part of the money deposited in the court be paid immediately for or on account of the compensation to be awarded in the proceeding.(3)Deficiency judgment.—If the compensation finally awarded is more than the amount of money received by any person entitled to compensation, the court shall enter judgment against the Government for the amount of the deficiency.(d)Authority of Court.—On the filing of a declaration of taking, the court—(1) may fix the time within which, and the terms on which, the parties in possession shall be required to surrender possession to the petitioner; and(2) may make just and equitable orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges.(e)Vesting Not Prevented or Delayed.—An appeal or a bond or undertaking given in a proceeding does not prevent or delay the vesting of title to land in the Government.(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1145.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3114(a)

40:258a (1st par.).

Feb. 26, 1931, ch. 307, § 1, 46 Stat. 1421; Pub. L. 99–656, § 1(1), Nov. 14, 1986, 100 Stat. 3668.

3114(b)

40:258a (2d par. 1st sentence words before 1st semicolon).

3114(c)(1)

40:258a (2d par. 1st sentence words after 1st semicolon, last sentence).

3114(c)(2), (3)

40:258a (3d par.).

3114(d)

40:258a (last par.).

3114(e)

40:258b.

Feb. 26, 1931, ch. 307, § 2, 46 Stat. 1422.

In subsection (a), before clause (1), the words “which has been or may be” are omitted as unnecessary.

In subsection (b)(1), the words “said lands in fee simple absolute, or such less” are omitted as unnecessary.

In subsection (b)(2), the words “deemed to be” are omitted as unnecessary.

Notes of Decisions
Cited in 97 cases (51 in the last 5 years), 2004–2025 · leading case: Transcontinental Gas Pipe Line Co., LLC v. Gail Brandon Cochran, 910 F.3d 1130 (11th Cir. 2018).
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Transcontinental Gas Pipe Line Co., LLC v. Gail Brandon Cochran, 910 F.3d 1130 (11th Cir. 2018). · cites it 4× “Whether the deposit requirement found in 40 U.S.C. § 3114 controls Defendants' argument that we should infer that either the Natural Gas Act or the Federal Rules of Civil Procedure contains a deposit requirement because 40 U.”
East Tennessee Nat. Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004). · cites it 4× “, 40 U.S.C. § 3114 (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 (3rd Cir. 2018). · cites it 2× “One is "quick take," permitted by the DTA, 40 U.S.C. § 3114 , in which the government files a "declaration of taking" that states the authority for the taking, the public use, and an estimate of compensation.”
Lengen v. United States, 100 Fed. Cl. 317 (Fed. Cl. 2011). · cites it 2× “A In the declaration of taking filed in the direct condemnation action, defendant estimated the value of the easement to be $600, and it deposited that sum with the district court as required under 40 U.S.C. § 3114 (2006). Def.’s Mot. Ex. A at 4.”
United States v. 1.04 Acres of Land, More or Less, 538 F. Supp. 2d 995 (S.D. Tex. 2008). · cites it 9× “That same day, the United States filed a declaration of taking pursuant to 40 U.S.C. § 3114 , requesting that this Court enter an ex parte order allowing the Government to deposit funds into the Registry of the Court and giving the Government immediate possession of the property…”
United States v. 191.07 Acres of Land, & Milan Martinek, 482 F.3d 1132 (9th Cir. 2007). · cites it 5× “Under § 3114, title and right to possession vest immediately in the United States upon the government’s filing of a declaration of taking and depositing an amount of money equal to the estimated value of the land.”
Norton v. Town of Long Island, 2005 ME 109 (Me. 2005). · cites it 2× “We must therefore apply the law in effect at the time of the taking to determine first, whether the federal government took title to the land and second, whether the property interests swept into the taking included the public’s trust interest in the land.”
United States v. 33.92356 Acres of Land, 585 F.3d 1 (1st Cir. 2009). “In accordance with 40 U.S.C. § 3114 , at the time of the taking the government deposited $375,300 in the district court’s registry as estimated just compensation.”
REUNION, INC. v. Fed. Aviation Admin., 719 F. Supp. 2d 700 (S.D. Miss. 2010). · cites it 2× “6 On December 31, 2009, the United States, as promised, filed a Complaint in Condemnation and Declaration of Taking in this court pursuant to 40 U.S.C. § 3114 , as Civil Action Number 3:09CV269HTWLRA.”
United States v. Sid-Mars Restaurant & Lounge, Inc., 644 F.3d 270 (5th Cir. 2011). · cites it 2× “See 40 U.S.C. § 3114 (b). Two days after the federal condemnation proceedings began, Sid-Mar's filed for a partial summary judgment in state court.”
Sears v. United States, 124 Fed. Cl. 730 (Fed. Cl. 2016). “40 U.S.C. § 3114 ; see also Tulare Lake, 61 Fed.”
Valley View Dev., Inc. v. United States Ex Rel. United States Army Corps of Engineers, 721 F. Supp. 2d 1024 (N.D. Okla. 2010). · cites it 2× “§ 258a (currently codified at 40 U.S.C. § 3114 ). At the time of the taking in this case, the statute provided: In any proceeding in any court of the United States .”
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