Page:United States Statutes at Large Volume 77.djvu/610

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

[77 STAT. 578]
PUBLIC LAW 88-000—MMMM. DD, 1963
[77 STAT. 578]

578

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

Upon the filing of the declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property in fee simple absolute, or such less estate or interest therein as is specified in the declaration, vests in the United States of America, and the property shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation therefor vests in the persons entitled thereto. The compensation shall be ascertained and awarded in the proceedings and established by judgment therein, and the judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from that date to the date of payment. Interest may not be allowed on as much thereof as has been paid into the registry. A sum so paid into the registry may not be charged with commissions or poundage. §16-1354. Distribution of money deposited on declaration of taking; judgment for deficiency After the filing of the declaration of taking, and the deposit of the money in the registry of the court, as provided for by section 16-1353, the court, upon the application of the parties in interest, may order that the money so deposited, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. Upon the final award of compensation, the court shall enter i'udgment for the amount of any deficiency in the manner provided •y rule 71A(j) of the Federal Rules of Civil Procedure. § 16-1355. Time for surrender of possession under declaration of taking; adjustment of charges Upon the filing of a declaration of taking provided for by section 16-1353, the court may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the plaintiff. The court may make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as it deems just and equitable. § 16-1356. Setting date for trial In a proceeding pursuant to this subchapter, after all defendants have been served with notice, and there has been return of service, as provided by rule 71A (d) of the Federal Rules of Civil Procedure, and after defendants have appeared or answered in the manner provided by rule 71A (e) thereof, either personally or by their guardians ad litem or other legal representatives, or are in default, the case shall be regarded as ready for trial, and, upon the application of any party to the proceeding, the court shall forthwith set an early date to be fixed by it, not less than ten nor more than twenty days from the date of the application, for the trial of the issues of law and fact raised in the case, and the ascertainment of the compensation or damages to be awarded for the taking of the property to be condemned. § 16-1357. Drawing of jurors, and selection of jury; qualifications When the date for trial has been set, as provided by section 16-1356, the court shall thereupon order the jury commission to draw from the special box provided for by law the names of as many persons, not less than twenty, as the court directs, and to certify the names to the clerk of the United States District Court for the District of Columbia as a panel of prospective jurors. The persons so certified shall be thereupon summoned by the United States marshal for the District of Columbia to appear m the court on the day specially fixed for the trial of the cause. Before selecting or impaneling the ]ury, the court