Page:United States Statutes at Large Volume 47 Part 1.djvu/747

 72d CO NGRESS. SESS. I. CH. 520. JU LY 21,1932. 723 dec lar ati on. As soo n as prac ticable a fter the filing o f such de clara- Notice thereof posted. tion of taking, the Secretary of the Treasury shall cause to be posted in a prominent place upon the land a notice reciting (A) that the land or the interest therein is taken by the United States for public use, (B) that a declaration of taking in respect of such land or interest therein has been filed with the clerk of the court of the dis- trict, and (C) that there has been deposited with such clerk, to the use of th e parties who may be found to be ent itled the reto, the esti- mated just compensation for the land or interest therein taken. The otpiem on occupants Secretary of the Treasury shall give written notice similar to the posted notice, by personal service in the case of actual occupants of the premises or, if with reasonable diligence such personal service can not be made, he shall send such notice by registered mail directed to the p remises, and he sh all send notice b y registe red mail directed to their last kno wn addres s in the case of all parti es who th e Secre- tary ascertains have or may have an interest in such land, and he may give such additional notice by newspaper publication or other- wise as he deems necessary. Upon posting notice on the land, title to the land pr interest therein shall vest in the United States, and the right to just compensation therefor shall vest in the parties entitled thereto. The Secretary of the Treasury shall cause notice to be per- sonally served up on, or if with rea sonable diligence such ser vice can not be m ade, to b e sent by register ed mail to actual occupant s of the premises, setting a time (not earlier than twenty days after the service or sending of such notice) at which such parties shall sur- render possession, and at the end of such time the right to possession shall vest in the United States. The Secretary of the Treasury may designate any person to serve any notice under the preceding provi- sions of this subsection and such person shall have power to enter upon such land for the purpose of posting notice or to make per- sonal service of notice. If any such party fails or refuses so to sur- render possession, upon summary petition for an order to surrender posses sion file d in such district court by or on be half of t he Secre- tary of the Treasury, the court may, by writ of assistance or other process, order the surrender of possession. A petition in condem- Condemnation p ro- nation shall be filed in such district court as soon after the filing cee dmgs • of the declaration of taking as practicable. In any such condemna- tion proceeding, no further declaration of taking shall be required, and the provisions of section 1 of such Act of February 26, 1931 autho rizin the court to fix the time whe n parties in posse ssion sha ll be require to surrender possession, shall not apply. If such peti- Petition to baffled. tion for condemnation is not filed within a reasonable time after the filing of such declaration of taking, any person entitled to just compensation in respect of the property so taken shall be entitl ed to sue the Unit ed States in the c ourt in w hich such declaration of taking was filed. The procedure in such suit shall be Procedure- the sa me as in suits aga inst the United St ates foun ded upon contract, except that such suit may be heard even if the amount of the claim is greater than $10,000 and except that the procedure for the ascer- tainment of the amount of just compensation shall be the same as such procedure in condemnation proceedings. If the petition for cond emnati on is filed prior to the time t he com missio ners i n con- demnation, jurors, or other persons charged with the duty of valuing ,, the property are empaneled, such suit shall be dismissed, except that such suit and the condemnation proceedings may, in the discre- tion of the court, and under rules prescribed by it be consolidated ward. to such exten t as the court may deem prac ticab le. In any suit authorized to be brought under this subsection or in any condemna- tion proceeding involving land acquired in accordance with this sub-