A-88016, JANUARY 12, 1940, 19 COMP. GEN. 634

A-88016, JANUARY 12, 1940, 19 COMP. GEN. 634

LAND - CONDEMNATION - INDIVIDUAL COURT REGISTRY DEPOSITS - DEPOSIT AND COURT AWARD VARIATIONS - USE OF DEPOSIT OVERAGES TO SUPPLEMENT DEPOSIT INADEQUACIES FEDERAL FUNDS DEPOSITED IN THE COURT REGISTRY WITH A DECLARATION OF TAKING IN CONNECTION WITH THE ACQUISITION OF THE SITE FOR THE JEFFERSON NATIONAL EXPANSION MEMORIAL PROJECT, NOT NEEDED IN INDIVIDUAL CASES BECAUSE OF COURT AWARDS IN LESSER AMOUNTS THAN THOSE DEPOSITED, MAY BE USED TO SUPPLEMENT AMOUNTS DEPOSITED IN OTHER CASES WHERE THE COURT AWARDS ARE IN EXCESS OF THE DEPOSITS MADE, THE INDIVIDUAL DEPOSITS, AND THEIR ITEMIZATION IN THE DECLARATION OF TAKING, HAVING HAD BUT ONE COMMON PURPOSE, THE ACQUISITION OF IMMEDIATE TITLE TO THE ENTIRE TRACT INVOLVED, AND CONSTITUTING ONE FUND FOR THAT PURPOSE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, JANUARY 12, 1940:

I HAVE YOUR LETTER OF DECEMBER 22, 1939, AS FOLLOWS:

THERE IS ATTACHED, FOR YOUR INFORMATION, A SAMPLE FORM OF THE DECLARATIONS OF TAKING AND SUPPLEMENTS THERETO, WHICH WERE USED RECENTLY IN ACQUIRING TITLE TO THIRTY-SEVEN COMPLETE AND THREE PARTIAL BLOCKS IN THE CITY OF ST. LOUIS, MISSOURI, FOR THE JEFFERSON NATIONAL EXPANSION MEMORIAL PROJECT, AS AUTHORIZED BY EXECUTIVE ORDER NO. 7253, DATED DECEMBER 21, 1935, AND THE ACTS OF CONGRESS REFERRED TO THEREIN. THE SUMS OF $6,005,970 AND $38,085, RESPECTIVELY, REPRESENTING THE ESTIMATED JUST COMPENSATION FOR THE LANDS TAKEN, WERE DEPOSITED INTO THE COURT REGISTRY UNDER THE DECLARATIONS OF TAKING AND THE SUPPLEMENTS THERETO.

BY REFERENCE TO SCHEDULE A OF THE ATTACHED DECLARATION OF TAKING, IT WILL BE NOTED THAT CERTAIN SUMS REPRESENTING THE ESTIMATED JUST COMPENSATION WERE DEPOSITED FOR THE RESPECTIVE PARCELS INDICATED THEREIN. IN SOME INSTANCES, THE ULTIMATE AWARDS HAVE BEEN IN EXCESS OF THE AMOUNTS SO DEPOSITED. IN A NUMBER OF INSTANCES, THE ULTIMATE COURT AWARDS HAVE BEEN BELOW THE AMOUNT DEPOSITED INTO THE COURT FOR CERTAIN PARCELS. IT HAS BEEN SUGGESTED THAT THE SURPLUS FEDERAL FUNDS NOW IN THE REGISTRY OF THE COURT RESULTING WHERE THE ULTIMATE AWARDS ARE BELOW THE SUMS PAID AS THE ESTIMATED JUST COMPENSATION FOR ONE OR MORE PARCELS BE USED IN PAYMENT OF DEFICIENCIES CAUSED BY THE ULTIMATE AWARDS FOR OTHER PARCELS BEING IN EXCESS OF THE AMOUNT ALLOCATED IN THE DECLARATION OF TAKING THEREFOR. PRESENT INDICATIONS ARE THAT SURPLUS FUNDS WILL NOT BE SUFFICIENT TO SATISFY ALL DEFICIENCIES BUT THE CITY CONTRIBUTION WILL BE USED FOR THE FINAL DEFICIENCIES. THERE ARE ENCLOSED COPIES OF ACTING ASSISTANT SECRETARY FINCH'S LETTER OF OCTOBER 23 TO THE ATTORNEY GENERAL AND ACTING ASSISTANT ATTORNEY GENERAL CHAMBERS' LETTER OF NOVEMBER 30 TO THIS DEPARTMENT REGARDING THIS MATTER.

IN ACCORDANCE WITH THE LAST PARAGRAPH OF MR. CHAMBERS' LETTER, IT IS REQUESTED THAT YOU ADVISE THIS DEPARTMENT AT THE EARLIEST PRACTICABLE DATE WHETHER THERE IS ANY OBJECTION TO THE USE OF EXCESS FEDERAL FUNDS FOR THE SATISFACTION OF JUDGMENTS IN OTHER CASES IN WHICH THE ULTIMATE COURT AWARDS ARE IN EXCESS OF FUNDS HERETOFORE ALLOCATED FOR THE PARCELS INVOLVED. UPON RECEIPT OF YOUR OPINION, THIS DEPARTMENT WILL COLLABORATE WITH THE DEPARTMENT OF JUSTICE IN USING PROPERLY THE FEDERAL FUNDS NOW IN THE COURT REGISTRY.

THE ATTACHED COPY OF THE DECLARATION OF TAKING, DOCKET NO. 12233, IS ENTITLED " UNITED STATES OF AMERICA, PLAINTIFF V. CERTAIN LAND IN THE CITY OF ST. LOUIS, STATE OF MISSOURI, KNOWN AS CITY BLOCK 32, AND EDYTHE P. TIFFANY, ET AL., " AND THERE IS DESCRIBED IN THE DECLARATION 23 PARCELS OF LAND COMPOSING BLOCK 32. APPENDED TO THE DECLARATION IS SCHEDULE A, NAMING THE OWNERS OF THE RESPECTIVE PARCELS AND THE AMOUNTS WHICH IT IS ESTIMATED WILL CONSTITUTE JUST COMPENSATION FOR EACH PARCEL OF LAND TAKEN. THE PLAT OR DIAGRAM OF THE PROPOSED TRACTS SOUGHT FOR THE JEFFERSON NATIONAL EXPANSION MEMORIAL INDICATES THAT THERE ARE SOME 39 CITY BLOCKS INVOLVED AND PRESUMABLY THERE HAVE BEEN THAT NUMBER OF DECLARATIONS OF TAKING FILED. THE DECLARATIONS OF TAKING AND THE DEPOSITS IN THE COURT REGISTRY WERE MADE UNDER AUTHORITY OF THE ACT OF FEBRUARY 26, 1931, 46 STAT. 1421, WHICH PROVIDES:

THAT IN ANY PROCEEDING IN ANY COURT OF THE UNITED STATES OUTSIDE OF THE DISTRICT OF COLUMBIA WHICH HAS BEEN OR MAY BE INSTITUTED BY AND IN THE NAME OF AND UNDER THE AUTHORITY OF THE UNITED STATES FOR THE ACQUISITION OF ANY LAND OR EASEMENT OR RIGHT-OF-WAY IN LAND FOR THE PUBLIC USE, THE PETITIONER MAY FILE IN THE CAUSE, WITH THE PETITION OR AT ANY TIME BEFORE JUDGMENT, A DECLARATION OF TAKING SIGNED BY THE AUTHORITY EMPOWERED BY LAW TO ACQUIRE THE LANDS DESCRIBED IN THE PETITION, DECLARING THAT SAID LANDS ARE THEREBY TAKEN FOR THE USE OF THE UNITED STATES. SAID DECLARATION OF TAKING SHALL CONTAIN OR HAVE ANNEXED THERETO---

(1) A STATEMENT OF THE AUTHORITY UNDER WHICH AND THE PUBLIC USE FOR WHICH SAID LANDS ARE TAKEN.

(2) A DESCRIPTION OF THE LANDS TAKEN SUFFICIENT FOR THE IDENTIFICATION THEREOF.

(3) A STATEMENT OF THE ESTATE OR INTEREST IN SAID LANDS TAKEN FOR SAID PUBLIC USE.

(4) A PLAN SHOWING THE LANDS TAKEN.

(5) A STATEMENT OF THE SUM OF MONEY ESTIMATED BY SAID ACQUIRING AUTHORITY TO BE JUST COMPENSATION FOR THE LAND TAKEN.

UPON THE FILING SAID DECLARATION OF TAKING AND OF THE DEPOSIT IN THE COURT, TO THE USE OF THE PERSONS ENTITLED THERETO, OF THE AMOUNT OF THE ESTIMATED COMPENSATION STATED IN SAID DECLARATION, TITLE TO THE SAID LANDS IN FEE SIMPLE ABSOLUTE, OR SUCH LESS ESTATE OR INTEREST THEREIN AS IS SPECIFIED IN SAID DECLARATION, SHALL VEST IN THE UNITED STATES OF AMERICA, AND SAID LANDS SHALL BE DEEMED TO BE CONDEMNED AND TAKEN FOR THE USE OF THE UNITED STATES, AND THE RIGHT TO JUST COMPENSATION FOR THE SAME SHALL VEST IN THE PERSONS ENTITLED THERETO; AND SAID COMPENSATION SHALL BE ASCERTAINED AND AWARDED IN SAID PROCEEDING AND ESTABLISHED BY JUDGMENT THEREIN, AND THE SAID JUDGMENT SHALL INCLUDE, AS PART OF THE JUST COMPENSATION AWARDED, INTEREST AT THE RATE OF 6 PERCENTUM PER ANNUM ON THE AMOUNT FINALLY AWARDED AS THE VALUE OF THE PROPERTY AS OF THE DATE OF TAKING, FROM SAID DATE TO THE DATE OF PAYMENT; BUT INTEREST SHALL NOT BE ALLOWED ON SO MUCH THEREOF AS SHALL HAVE BEEN PAID INTO THE COURT. NO SUM SO PAID INTO THE COURT SHALL BE CHARGED WITH COMMISSIONS OR POUNDAGE.

UPON THE APPLICATION OF THE PARTIES IN INTEREST, THE COURT MAY ORDER THAT THE MONEY DEPOSITED IN THE COURT, OR ANY PART THEREOF, BE PAID FORTHWITH FOR OR ON ACCOUNT OF THE JUST COMPENSATION TO BE AWARDED IN SAID PROCEEDING. IF THE COMPENSATION FINALLY AWARDED IN RESPECT OF SAID LANDS, OR ANY PARCEL THEREOF, SHALL EXCEED THE AMOUNT OF THE MONEY SO RECEIVED BY ANY PERSON ENTITLED, THE COURT SHALL ENTER JUDGMENT AGAINST THE UNITED STATES FOR THE AMOUNT OF THE DEFICIENCY.

SECTIONS 995 AND 996 OF THE REVISED STATUTES, AS AMENDED AND RESTATED IN 28 U.S.C., SECTIONS 851, 852, PROVIDE:

MONEYS PAID INTO COURT; DEPOSIT.--- ALL MONEYS PAID INTO ANY COURT OF THE UNITED STATES, OR RECEIVED BY THE OFFICERS THEREOF, IN ANY CAUSE PENDING OR ADJUDICATED IN SUCH COURT, SHALL BE FORTHWITH DEPOSITED WITH THE TREASURER, OR A DESIGNATED DEPOSITARY OF THE UNITED STATES, IN THE NAME AND TO THE CREDIT OF SUCH COURT. NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT THE DELIVERY OF ANY SUCH MONEY UPON SECURITY, ACCORDING TO AGREEMENT OF PARTIES, UNDER THE DIRECTION OF THE COURT ( R.S. SECTION 995; MAY 29, 1920, C. 214, SECTION 1, 41 STAT. 654). R.S. SECTION 995 FROM ACT MAR. 24, 1871, C. 2, SECTION 1, 17 STAT. 1.

SAME; WITHDRAWAL.--- NO MONEY DEPOSITED AS AFORESAID SHALL BE WITHDRAWN EXCEPT BY ORDER OF THE JUDGE OR JUDGES OF SAID COURT, RESPECTIVELY, IN TERM OR IN VACATION, TO BE SIGNED BY SUCH JUDGE OR JUDGES, AND TO BE ENTERED AND CERTIFIED OF RECORD BY THE CLERK; AND EVERY SUCH ORDER SHALL STATE THE CAUSE IN OR ON ACCOUNT OF WHICH IT IS DRAWN.

NOTWITHSTANDING THAT THE DEPOSITS OF FUNDS IN THE REGISTRY OF THE COURT WERE ACCOMPANIED BY AN ITEMIZED SCHEDULE GIVING THE AMOUNTS ESTIMATED AS JUST COMPENSATION TO EACH INDIVIDUAL OWNER, THE DEPOSITS HAD ONE COMMON PURPOSE, THAT IS, THE ACQUISITION OF IMMEDIATE TITLE TO THE ENTIRE TRACT SELECTED FOR THE MEMORIAL, AND CONSTITUTED ONE FUND FOR THAT PURPOSE. CF. STATE NATIONAL BANK V. DODGE, 124 U.S. 333.

IN THE CIRCUMSTANCES PAYMENT MAY BE MADE FROM THE FUNDS DEPOSITED IN THE COURT REGISTRY FOR THE ACQUISITION OF THE JEFFERSON NATIONAL EXPANSION MEMORIAL SITE TO THE FORMER OWNERS OF THE AMOUNT DECREED BY THE COURT AS JUST COMPENSATION NOTWITHSTANDING THAT SUCH AMOUNTS MAY BE MORE OR LESS THAN THE AMOUNTS ORIGINALLY ESTIMATED AS JUST COMPENSATION WHEN THE DEPOSITS WERE MADE, ANY ULTIMATE DEFICIENCY IN THE AGGREGATE DEPOSITED IN THE COURT REGISTRY TO BE PAID FROM THE CITY'S CONTRIBUTION TO THE MEMORIAL.