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10.

Procedures for Excluding or Dismissing Land From Condemnation Proceeding

If authorization is received from the Department for the exclusion or dismissal of land from a proceeding, the U.S. Attorney shall:

  1. If a declaration of taking has been filed, endeavor to stipulate (see ENRD Resource Manual at 31) with the former owners, pursuant to 40 U.S.C. § 258(f), for the exclusion of such property from the proceeding and the revestment of title thereto in the former owners. (Absent a stipulation, no revestment is possible.) The stipulation should waive, as to any lands so excluded or dismissed, any claims to costs or attorneys' fees by reason of the proceeding. See Section 304(a) of Pub.L. No. 91-646, approved January 2, 1971, 84 Stat. 1906. (See USAM 5-15.556.) The stipulation should provide for the return of the estimated compensation for such revested property to the United States. If the government had possession of the property for a period of time, the stipulation should fix the amount of compensation for the period of such occupancy, or specifically include a waiver for such temp orary use and occupancy or for damages resulting from the institution of the proceedings. If no agreement is reached, a hearing as to compensation due, if any, will be necessary. See ENRD Resource Manual at 11.

  2. If no declaration of taking has been filed, dismiss the property in question from the proceedings, pursuant to Rule 71A(i), Fed.R. Civ.P., (see ENRD Resource Manual at 31), unless otherwise instructed by the Department.

[cited in USAM 5-15.545]