[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR644.102]

[Page 184-185]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 644--REAL ESTATE HANDBOOK--Table of Contents
 
                         Subpart C--Acquisition
 
Sec. 644.102  Examples of involuntary acquisitions.

    While the Secretary of the Army and Secretary of the Air Force have 
no authority to acquire interests in real property except under express 
authorization and appropriation made by Congress, the Government may, 
nevertheless, in the performance of an authorized act involuntarily 
acquire an interest in real property, for which the owner is entitled to 
just compensation. Whenever a plaintiff successfully prosecutes 
litigation which establishes that an interest in real property has been 
taken, the interest so taken should be confirmed in the form of a grant, 
wherever possible. The instrument should be recorded in the public land 
records and permanently retained in the real estate files, as evidence 
of the interest taken and as a protection against possible future claims 
of purchasers for value without notice. No employee or representative of 
the Corps of Engineers shall intentionally make it necessary for an 
owner to institute legal proceedings to prove the fact of the taking of 
his property, as prescribed by Pub. L. 91-646. Examples of involuntary 
acquisition are:

[[Page 185]]

    (a) Damage to real property caused by flooding, saturation, seepage, 
erosion, or other causes arising out of the construction, operation, or 
maintenance of an authorized project.
    (b) Damage as a result of overflights of aircraft.
    (c) Other instances where Government actions result in a restriction 
of the use of property.