Category 1 Matters

Category 1 consists of cases in which there are no actual or anticipated policy questions, peculiar appraisal problems, novel legal questions, or claimed compensation in excess of $1,000,000.

See

ENRD Directive No. 2017-07

.  United States Attorneys will have full responsibility for Category 1 cases, subject only to:

Such assistance on tactical or legal matters as they may request from the Land Acquisition Section; and

Pursuant to

ENRD Directive No. 2024-02

, approval of the Department of Justice of any settlements in excess of $2,000,000 or under that amount when:

For any reason, the compromise of a particular claim, as a practical matter, will control or adversely influence the disposition of related claims totaling an amount in excess of $2,000,000; or

The revestment under 40 U.S.C. § 3117 of any land or improvements or any interests in land is involved, except in cases in which the land owner desires to remove buildings, trees and shrubs, crops, or fixtures attached to the realty which are not needed or desired by the government, provided that the exclusion has been approved by the local representative of the acquiring agency; or

Because a novel issue of law or question of policy is presented, or for any other reason, the settlement offer should receive the attention of the Environment and Natural Resources Division of this Department.

The United States Attorney should email copies of proposed court papers to the assigned Land Acquisition Section attorney for information, comment, and suggestions as the case proceeds, and should cooperate in the reasonable implementation of all suggestions made.

[cited in

JM 5-15.320

]

[updated August 2024]