Authority of United States Attorneys to Settle Condemnation Cases

The United States Attorneys are authorized, pursuant to

ENRD Directive No. 2024-02

, and subject to the limitations imposed in

JM 5-15.631

, to accept or reject offers in compromise, without the prior approval of the Environment and Natural Resources Division, of claims against the United States for just compensation in condemnation proceedings in any case in which:

The gross amount of the proposed settlement does not exceed $2,000,000.

The compromise is approved in writing (the written approval to be retained in the file of the United States Attorney concerned) by the authorized field representative of the acquiring agency, if the amount of the settlement exceeds the amount deposited with the declaration of taking as to the particular tract of land involved;

The amount of the compromise is compatible with the sound appraisal or appraisals upon which the United States would rely as evidence in the event of trial, with due regard for probable minimum trial costs and risks;

The case does not involve the revestment of any land or improvements or any interest, or interests, in land under the Act of October 21, 1942, 56 Stat. 797 (40 U.S.C. § 3117); and

The case does not involve a novel issue of condemnation law or question of condemnation practice and policy, or for any other reason, which would necessitate that the settlement offer should receive the attention of ENRD.

The United States Attorney concerned shall immediately forward by email to the Chief of the Land Acquisition Section an electronic report, in the form of an email, letter or memorandum, stating the action taken and the reasons therefore. Special care shall be taken to ensure that the report contains a statement as to what the valuation testimony of the United States and the landowners would have been if the case had been tried.

[cited in

JM 5-15.620

;

JM 5-15.640

;

ENRD Resource Manual 2

;

ENRD Resource Manual 17

;

ENRD Resource Manual 18

]

[updated August 2024]