FSH 5409.13 - LAND ACQUISITION HANDBOOK WO AMENDMENT 5409.13-91-1 EFFECTIVE 9/3/91 CHAPTER 70 - CONDEMNATION Contents 71 BASICS OF CONDEMNATION 71.1 Condemnation Methods 71.11 With Declaration of Taking 71.12 Without Declaration of Taking 71.2 Principal Steps in Condemnation Process 71.3 Reasons for Condemning 71.4 Prerequisites To Initiate Condemnation 71.5 Condemnation Classes 71.51 Acquiring Real Property 71.51a Tracts of Land in Fee 71.51b Road and Trail Easements 71.51c Conservation Easements 71.52 Taking Temporary Possession for Limited Use 71.53 Clearing Title or Enforcing Options 71.53a Easement Acquisitions 71.53b Land-for-Land Exchanges and Donations 71.6 Estate To Be Taken 71.61 Tracts of Land in Fee 71.62 Road and Trail Easements 71.62a Basic Estate for All Road Easements 71.62b Right of Use 71.62c Timber on Easement 71.62d Right To Cross and Recross 71.62e Crossing Prior Easement 71.62f Mineral Interests 71.63 Conservation Easements (Reserved) 71.7 Legal Documents 71.71 Complaint 71.72 Order for Delivery of Possession 71.73 Notice 71.74 Lis Pendens 71.75 Answer 71.8 Rules of Compensation 71.81 Court Power To Determine Compensation 71.82 Just Compensation 71.83 Determining Just Compensation 71.83a Whole Property 71.83b Partial Taking 72 PROCEDURE BEFORE FILING 72.1 Chief's Prior Approval Requirements 72.2 Negotiations With Landowner 72.3 Assemble Condemnation Package 72.31 Condemnation Report 72.31a Part I - Introduction 72.31b Part II - Facts 72.31c Part III - Addenda 72.32 Declaration of Taking 72.33 Schedules A and B 72.34 Letter From the Secretary to the Attorney General 72.35 Letter of Transmittal 72.4 Action by Forest Supervisor 72.5 Action by Regional Attorney 72.6 Action by Regional Forester 72.7 Action by Washington Office 72.8 Action by Office of the Secretary 72.9 Action by Department of Justice 73 PROCEDURE AFTER FILING 73.1 Deposit With Declaration of Taking 73.2 Vesting of Title 73.3 Delivery of Possession 73.31 Possession With Declaration of Taking 73.32 Possession Without Declaration of Taking 73.4 Use of Property After Delivery of Possession 73.5 No Authority To Negotiate With Defendant 73.6 Coordination With U.S. Attorney 73.61 Certificate of Possession 73.62 Continuation of Title Evidence 73.7 Amending Complaint and Declaration of Taking 73.8 Revesting Title in Former Owner 74 SETTLEMENT 74.1 Settlement Authority 74.11 Attorney General 74.12 United States Attorney 74.13 Regional Forester 74.14 Chief 74.2 Procedure 74.21 Settlement Offer Within Authority of Regional Forester 74.22 Settlement Offer Not Within Authority of Regional Forester 74.23 Settlement Offer Not Within Authority of United States Attorney 74.3 Considerations in Approval of Settlement 75 TRIAL 75.1 Trial Aids 75.2 Testimony 75.21 Expert Witness 75.22 Fact Witness 75.23 Appeal 75.3 Trial Observer 76 CLOSING CASES 76.1 Payment 76.2 Final Title Opinion 76.3 Posting Status Records