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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:

  1. Submit the offer to the Department for consideration.

  2. Submit his/her recommendation, with the reasons therefor in detail;

  3. Submit a history of negotiations had with the land owners or their counsel prior to reaching the final figure proposed;

  4. 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;

  5. Forward all appraisal reports relating to the tract to the Department at the same time;

  6. Advise what witnesses would be used in the event of trial and the amount of their anticipated testimony;

  7. Advise the probable range of the defendant's testimony of value, if known, or the amount claimed, if known; and

  8. 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.