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From: (b) (6)

To: (b) (6)


Subject: PF225 Condemnation Processing Steps.doc
Date: Wednesday, March 19, 2008 8:48:35 AM
STEPS TO PROCESS CONDEMNATION ASSEMBLIES

Description of Task Action Office Reviewer/Approver Duration of


Time
Negotiation phase ends with no agreement Corps Corps District Chiefs of Real 2-3 weeks
on price, refusal to negotiate, title Estate with input from BP
impurities, or documentation of Agents participating in
unknown/unfound owners negotiations.
Registered letter sent to notify owner of Corps Corps District RE Chief 1 day
intent to acquire land through signs letter. Letter is format
condemnation approved by DHS.
Condemnation Assembly is prepared, to Corps Corps District Chief of RE 3-4 work days per
include government estimate of value, and District Counsel assembly
map, legal description, resume of
negotiations and DHS letter of transmittal;
posted to ‘Engineering Knowledge Online’
(EKO) web portal
Deposit check or electronic funds transfer Corps Corps 1-3 weeks
is generated in amount stated in
Declaration of Taking (DT) (goes directly to
AUSA staff)
Condemnation Review Team Reviews Corps, DOJ and Condemnation Review 1 day assuming
assembly for quality and legal sufficiency. CBP senior Team no wait for
counsel corrections
represented on
team.
Approved Condemnation Assembly OFAM OFAM (Janson) 1 day (could vary
retrieved from EKO site by CBP Office of if OBP has
Asset Management (OFAM) staff for comments)
execution of DT and letter
Signed Condemnation Assembly retrieved DOJ/local AUSA DOJ/AUSA 1-2 days
from EKO site by DOJ/AUSA for filing (Assistant US
(some jurisdictions may require hard Attorney)
copies for which OFAM will send overnight)
DT Filed in Federal District Court and AUSA AUSA 1-2 weeks
deposit is simultaneously made into an
interest bearing account
EKO portal contains file support for AUSA DHS for CATEX DHS/Corps 1 week
consisting of landowner correspondence, administrative
administrative record for categorical records; Corps for
exclusion, if applicable, certificate of remainder of docs
property inspection and like documentation
DT recorded in local chain of title records AUSA AUSA 2-4 days
Motion is made to Court for Order of AUSA AUSA 1 week
Immediate Possession
Court issues Order of Possession Federal District N/A 1 week (could
Court Judge vary depending
on status of our
NEPA compliance
and other judicial
variables)
If initial negotiation was for Right of Entry
only, the process steps repeat from the
beginning for negotiations to acquire land
for construction. The second
condemnation filing, if required, is either an
Amendment of the first action or a new and
separate civil action depending on the local
jurisdictional requirements.