18. Settlement Offer Exceeds Authority; Lack of Agency Concurrence
If the offer of settlement exceeds the U.S. Attorney's
delegated authority (see USAM
5-15.630) or the acquiring agency does not concur in the
proposed settlement, the U.S. Attorney should:
- Submit the offer to the Department for consideration.
- Submit his/her recommendation, with the reasons therefor in
detail;
- Submit a history of negotiations had with the land owners or
their counsel prior to reaching the final figure proposed;
- Advise of the recommendation of the local office of the
acquiring agency and the same time request the local representative
of the acquiring agency immediately to forward his/her
recommendation through proper channels to Washington;
- Forward all appraisal reports relating to the tract to the
Department at the same time;
- Advise what witnesses would be used in the event of trial and
the amount of their anticipated testimony;
- Advise the probable range of the defendant's testimony of
value, if known, or the amount claimed, if known; and
- Furnish any other information which would be helpful in
considering the acceptability of the offer, including any unusual
legal or factual issues involved, experience in other trials,
whether the government appraisers have proved to be good witnesses,
etc.
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