Page:United States Statutes at Large Volume 77.djvu/606

 574

PUBLIC LAW 88-241-DEC. 23, 1963

28 USC app.

Stat. 582.

[77 STAT.

judgment for the amount of any deficiency or overpayment in the manner provided by subdivision (j) of rule 71A of the Federal Rules of Civil Procedure. A writ of execution may be issued on the judg.ment within the same time, and it shall have the same effect as a lien, and shall be executed and returned in the same manner, as if issued on any other judgment. § 16-1316. Time for surrender of possession under declaration of taking; adjustment of charges Upon the filing of the declaration of taking provided for by 16-1314-, 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 plaintiffs. The court may make such orders in respect of incmnbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as it deems just and equitable. § 16-1317. Objections to jurors; appraisement The court, before accepting the jury in a condemnation proceeding pursuant to this subchapter, shall hear any objections that may be made to any member thereof, and may pass upon any objection, and may excuse any juror or cause any vacancy in the jury, when empaneled, to be filled. After the jury is organized and have viewed and examined the land and premises affected by the condenmation proceeding, they shall proceed, in the presence of the court, to hear and receive any evidence offered or submitted on behalf of the District of Columbia and by any person having an interest in the proceeding. When the hearing is concluded, the jury, or a majority of them, shall return to the court, in writing, their appraisement of the value of the interests of all persons, respectively, in the real property, where the appraisement shall be recorded. In making their decision, the jury shall take into consideration, when a part only is taken, the benefit to the remainder of the tract, and shall give their appraisement accordingly. § 16-1318. Objections or exceptions to appraisement; new jury (a) Objections or exceptions to an appraisement of the jury pursuant to section 16-1317 may be filed within twenty days after the return of the appraisement to the court. The court shall hear and determine any objections or exceptions so filed, and may vacate and set aside the appraisement, in whole or in part, when satisfied that it is unjust or unreasonable. If the appraisement is vacated and set aside, the court shall order the jury commission to draw from the special box the names of as many persons as the court directs, and, from among the persons so drawn, shall thereupon appoint a new jury of five capable and disinterested persons, who shall proceed as in the case of the first jury. The appraisement of the new jury shall be final when confirmed by the court. (b) When an appraisement is vacated in part, the residue thereof as to the property condemned is not affected thereby. § 16-1319. Payment of award; transfer of title If the appraisement of the jury pursuant to section 16-1317 is not objected to by the parties interested, it shall be confirmed by the court, or, if the appraisement of the new jury is confirmed by the court, the Board of Commissioners shall pay the amount awarded by the jury out of the appropriation made therefor or deposit it in the manner as directed by section 7-215, and thereupon the title to the property condemned shall vest in the District of Columbia.

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