644.113—Filing of complaint without declaration of taking.
(a)
Only in exceptional cases will the Chief of Engineers give favorable consideration to the filing of a complaint in condemnation, and the request for an order of possession, without the concurrent filing of a declaration of taking and deposit of estimated compensation in the registry of the court. Examples of situations in which complaints may be used are as follows:
(1)
Immediate possession is required for some essential military need and time does not permit preparation of an appraisal, title work, or negotiations.
(2)
Condemnation proceedings are necessary in connection with a cemetery, in order to secure court approval of the relocation and reinterment plan in accordance with the procedure outlined in ER 1180-1-1.
(3)
Where right of entry for survey and exploration, appraisal purposes, or other similar need is required, and there is no material interference with the owner's possession. However, where there is material interference with the owner's possession, or it is considered there will be significant damage to the land, a deposit of estimated compensation may be necessary.
(b) Approval required.
Prior to submission of a complaint assembly, except in cemetery cases, all pertinent facts justifying the need for such action will be submitted to the Division Engineer for approval. If the proposed action is approved, the Division or District Engineer will inform all affected landowners and tenants of the action being taken, the necessity therefor, and the subsequent procedure to be followed by the Government in conducting negotiations to acquire the land after the filing of the complaint.
(c) Complaint assembly.
The following assembly will be submitted to HQDA (DAEN-REA-C) WASH DC 20314 where only a complaint is to be filed:
(1)
Five copies of individual tract descriptions identified as Exhibit “A”. (Reproduced copies will be accepted if clear and legible.)
(2)
Five copies of segment or project maps, showing each tract or area to be acquired shaded or outlined in red and identified as Exhibit “B”.
(3)
Five copies of a list of the names and addresses of the persons purporting to own the tracts or having an interest therein, identified as Exhibit “C”.
(5)
In Air Force projects and acquisitions for other agencies, one additional copy of each exhibit will be required.
(6)
In Air Force project acquisitions, the additional information set out in § 644.114(f) will be submitted, in duplicate.
(7)
In those jurisdictions that adopt the alternate form declaration of taking, complaint assemblies should be similiar to the schedules submitted for the declaration of taking assembly.
(d) Letter of transmittal.
Where a complaint assembly is submitted, the letter of transmittal should include the following information:
(1)
A statement indicating the date of approval of the Real Estate Design Memorandum in civil works projects or the date of the Real Estate Directive for other projects, and whether the land included in the complaint assembly is within the approved project boundary line, together with the citations of the authorization and appropriation acts which cover the acquisition.
(2)
The approved appraised valuation and date of appraisal of the interest to be acquired or, if appraisals have not been prepared, the estimated value with a statement indicating the basis of the estimate.
(3)
Information as to whether the land included in the complaint assembly is vacant or occupied, together with the date any occupants will be required to vacate the premises.
(4)
If possession is required, an explanation of the need therefor and the reasons why the normal land acquisition schedule was not met.
(5)
Results of contacts with the landowners and tenants and their views with respect to the filing of condemnation proceedings.
(6)
A statement as to the plan and schedule to acquire such land after filing of the complaint in order to make funds available to the landowners and tenants.
(7)
In assemblies concerning land for other than civil works projects, a statement indicating whether all of the land authorized in the Real Estate Directive is included in the assembly. Any variance between the area or estate authorized in the directive and those in the assembly should be fully explained.
(8)
In military assemblies, a statement of expected local resistance to the proposed acquisition and efforts made to adjust military requirements to the local situation.
(e) Action after filing complaint.
After filing of a complaint proceeding, action to acquire the land involved, either by direct purchase or by the filing of a declaration of taking, will be completed as soon as possible.
(1)
Where a satisfactory Offer to Sell is obtained and accepted, the transaction will proceed through the stages of title clearance, payment and closing. Upon final approval of title, the Division or District Engineer will recommend to the Chief of Engineers that the Department of Justice be requested to dismiss the tract from the proceeding.
(2)
Where a satisfactory lease of the premises included in a leasehold condemnation proceeding is obtained and accepted, the Division or District Engineer will recommend to the Chief of Engineers that the Department of Justice be requested to dismiss the tract from the proceeding.
(3)
The recommendation of the Division or District Engineer for dismissal of a tract from condemnation will include the following information:
(iii)
The date the final title approval was rendered; on lease cases, the date the lease was accepted.
(iv)
A statement as to whether the particular deed or lease includes the same land described in the complaint under the same tract number.
(v)
A statement as to whether the particular deed or lease includes all outstanding interests involved in the complaint insofar as the specific parcel of land is concerned. If all outstanding interests are not covered by the deed or lease instrument, a statement of the proposed method of acquiring those interests which remain outstanding, either by filing a declaration of taking or by direct purchase, or a recommendation that they be left outstanding permanently.