Reading Room Document

Government Authority to Acquire Leasehold Interests in Real Property Under the Declaration of Taking Act

This document is a legal opinion regarding the United States' authority to acquire leasehold interests in real property by proceedings under the Declaration of Taking Act, where the estimated fair, annual rent exceeds the limitation provided by the Economy Act. The conclusion reached is that the Government is prohibited from filing a declaration of taking when it knows that just compensation would exceed the statutory limit. The questions presented for review include whether the United States is authorized to acquire leasehold interests in real property by proceedings under the Declaration of Taking Act, and whether the limitation provided by the Economy Act applies to the Government's authority to file a declaration of taking.

May 9, 1978