CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER V—DEPARTMENT OF THE ARMY (parts 400 to 668) > SUBCHAPTER J—REAL PROPERTY (parts 641 to 645) > PART 644—REAL ESTATE HANDBOOK > SUBPART C—Acquisition (§644.61 to §644.168) > 644.120—Condemnation for local cooperation projects.

644.120—Condemnation for local cooperation projects.

Under the provisions of the River and Harbor Acts approved June 29, 1906 (33 U.S.C. 592) and August 8, 1917 (33 U.S.C. 593 ), and the Flood Control Acts approved March 1, 1917 (39 Stat. 950) and August 18, 1941 (33 U.S.C. 701c-2 ), respectively, the Secretary of the Army may cause proceedings to be instituted in the name of the United States for acquisition by condemnation of lands, easements or rights-of-way which local interests undertake to furnish free of cost to the United States. Requests for the institution of proceedings in the name of the United States will be addressed by the local parties to the Secretary of the Army and submitted to the Division or District Engineer. No land will be acquired on behalf of local interests by the filing of condemnation proceedings until local interests have furnished the Division or District Engineer with satisfactory assurances in accordance with the authorization act, and sufficient funds have been deposited with the Division or District Engineer to pay the expenses of the proceedings and any awards that may be made in the proceedings.
(a) General. The Corps of Engineers will institute condemnation proceedings on behalf of a local interest only when the local interest:
(1) Lacks authority to acquire the necessary real estate interests by eminent domain; or
(2) Cannot obtain possession by local eminent domain proceedings in time to meet the construction schedule; or
(3) Unusual circumstances exist so that acquisition by local inerests would not be in the best interest of the United States.
(b) Information to accompany assembly. Upon request of the local interests that the real estate interest be acquired by condemnation proceeding in the name of the United States, the Division or District Engineer will transmit to HQDA (DAEN-REA-C) WASH DC 20314 an appropriate condemnation assembly, prepared in accordance with § 644.114, with recommendations and the following information:
(1) Citation of authorizing act.
(2) Whether valid assurances have been accepted, giving date of acceptance.
(3) That the estate or estates to be acquired conform to the requirements set forth in subpart J (to be published).
(4) Appraisal values of the interest proposed for acquisition.
(5) That sufficient funds to cover court awards and expenses of the proceedings have been deposited by local interests with the Division or District Engineer.
(6) Efforts made by local interests to acquire the real estate interests and reasons for requesting the United States to file condemnation proceedings.