[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: 32CFR644.103]

[Page 185]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 644--REAL ESTATE HANDBOOK--Table of Contents
 
                         Subpart C--Acquisition
 
Sec. 644.103  Litigation Reports.

    In those cases where a landowner files suit alleging that the 
Government took his property or an interest therein, a litigation report 
should be furnished in accordance with ER 1180-1-1. Litigation reports 
will be submitted in quadruplicate in cases involving military 
installations, and in triplicate in cases involving civil works. 
District and Division Engineers will furnish an additional copy direct 
to the local United States Attorney in actions in a United States 
District Court. In addition to the information required by ER 1180-1-1, 
there will be furnished preliminary certificates of title to properties 
subject to the taking, covering a period of search of at least 25 years 
prior to initiation of the action, and indicating the date of 
acquisition of the plaintiff's interest. Certificates may be procured 
commercially, or may be prepared by a staff attorney.
    (a) Avigation Easements. Reports on actions alleging the taking of 
an avigation easement should include the following information together 
with supporting exhibits:
    (1) Permanency of the installation and its designated use;
    (2) Dates of commencement of use of the runway involved and of each 
extension thereof;
    (3) Date of commencement of take-offs and landings by regularly 
assigned aircraft of the type (identify) causing the taking;
    (4) Frequency and actual height of flight of the particular aircraft 
over some portion of plaintiff's property;
    (5) Any applicable zoning regulations affecting use of the property;
    (6) A drawing at an approximate scale of 1 to 400[foot] 
showing the location and length of the present runway, its original 
length, and each extension, and also showing the location of plaintiff's 
property with relation to the approach-departure zone of the runway and 
the longitudinal distance in feet, measured along the extended center 
line from the end of the runway and the lateral distance measured 
perpendicular to the extended center line, of the plaintiff's property 
and of any dwellings thereon.
    (7) A vertical projection of the drawing at an approximate scale 
1 to 100[foot] showing the approach-departure clearance 
surface at the specified slope ratio and the mean sea level heights of 
the end of the runway and of the plaintiff's property and any dwellings 
thereon; and
    (8) Name of the person qualified to testify concerning preparation 
of the drawing.
    (b) Clearance Easements. Litigation reports on actions alleging the 
taking of a clearance easement will contain the following:
    (1) Details of any prior acquisition of clearance easements over the 
same property;
    (2) Statement as to any outstanding clearance easement directives, 
including criteria for approach and transition zones, status of 
negotiations, and copies of appraisal reports;
    (3) Statement that all acquisition of clearance easements has been 
stopped, unless their prompt acquisition is necessary to provide for 
current flight operation; and
    (4) Recommendation that there be included in the estate, in the 
event of settlement, provisions for the clearance of existing 
obstructions and prohibition against future obstructions, provided that 
circumstances will permit a delay in the acquistion of a clearance 
easement until completion of the litigation.
    (c) Appraisal Reports. Appraisal reports will be submitted to HQDA 
(DAEN-REE) WASH DC 20314 after the Department of Justice has determined 
the date (or dates) of taking. These reports will reflect the ``before'' 
and ``after'' values of the property, based on the assumption that the 
United States acquired an easement on that date (or dates).

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