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 F—Disposal (§644.311 to §644.561) > 644.463—Termination and settlement of leasehold condemnation proceedings.

644.463—Termination and settlement of leasehold condemnation proceedings.

(a) Leasehold condemnation termination assembly. When leasehold estates in land, or other similar limited estates or terms for years, acquired or in the process of acquisition, have been determined surplus a prompt report will be made to DAEN-REM containing the following items of information as appropriate and necessary to a full understanding of the proposed disposition action:
(1) Name of project and using service.
(2) Style and civil number of the condemnation proceedings in which the land is involved.
(3) Particular tract or tracts involved.
(4) A citation of the authority pursuant to which the surplus status has been determined.
(5) Three copies of ENG Form 1440-R, or 1440A-R and 1440B-R.
(6) The proposed date of vacation of premises by Government.
(7) The term condemned and rights of the Government as to extension and cancellation thereof.
(8) Whether a declaration of taking, or supplement thereto, has been filed and the amount of deposit, if any.
(9) Whether an award or order for payment has been made, and the amount of the owner's withdrawal, if any.
(10) The estimated rental cost through the end of the term acquired in the condemnation proceeding.
(11) The estimated fair rental value of the land for the period of occupancy by the Government, including time for restoration.
(12) Recommendation as to the advisability of abandoning the proceeding.
(13) Request for termination of condemnation proceeding.
(b) Action by Chief of Engineers. DAEN-REM will review the termination assembly and settlement proposal recommended and, if approved, recommend to the Department of Justice a basis for settlement at the same time requesting the Department of Justice to move for termination or conclusion of the proceedings.