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119th Congress

Title 10 — Armed Forces

Part IV · Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property

§ 2663. Land acquisition authorities

Statutory text

(a)

Acquisition of Land by Condemnation for Certain Military Purposes.—

(1)

Subject to subsection (f), the Secretary of a military department may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any interest in land, including temporary use, needed for—

(A)

the site, construction, or operation of fortifications, coast defenses, or military training camps;

(B)

the construction and operation of plants for the production of nitrate and other compounds, and the manufacture of explosives or other munitions of war; or

(C)

the development and transmission of power for the operation of plants under subparagraph (B).

(2)

In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under paragraph (1), take and use the land to the extent of the interest sought to be acquired.

(b)

Acquisition by Purchase in Lieu of Condemnation.—

The Secretary of the military department concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable.

(c)

Acquisition of Low-Cost Interests in Land.—

(1)

The Secretary of a military department may acquire any interest in land that—

(A)

the Secretary determines is needed in the interest of national defense; and

(B)

does not cost more than $4,000,000, exclusive of administrative costs and the amounts of any deficiency judgments.

(2)

The Secretary of a military department may acquire any interest in land that—

(A)

the Secretary determines is needed solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening; and

(B)

does not cost more than $1,500,000, exclusive of administrative costs and the amounts of any deficiency judgments.

(3)

This subsection does not apply to the acquisition, as a part of the same project, of more than one parcel of land unless the parcels are noncontiguous, or, if contiguous, unless the total cost is not more than $750,000, in the case of an acquisition under paragraph (1), or $1,500,000, in the case of an acquisition under paragraph (2).

(4)

Appropriations available to the Department of Defense for operation and maintenance or construction may be used for the acquisition of land or interests in land under this subsection.

(d)

Acquisition of Interests in Land When Need Is Urgent.—

(1)

The Secretary of a military department may acquire any interest in land in any case in which the Secretary determines that—

(A)

the acquisition is needed in the interest of national defense;

(B)

the acquisition is required to maintain the operational integrity of a military installation; and

(C)

considerations of urgency do not permit the delay necessary to include the required acquisition in an annual Military Construction Authorization Act.

(2)

Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this subsection, the Secretary shall submit, in an electronic medium pursuant to section 480 of this title, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a notice containing a description of the property and interest to be acquired and the reasons for the acquisition.

(3)

Appropriations available for military construction may be used for the purposes of this subsection.

(e)

Survey Authority; Acquisition Methods.—

Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority—

(1)

to make surveys; and

(2)

to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise.

(f)

Advance Notice of Use of Condemnation.—

(1)

Before commencing any legal proceeding to acquire any interest in land under subsection (a), including acquisition for temporary use, by condemnation, eminent domain, or seizure, the Secretary of the military department concerned shall—

(A)

pursue, to the maximum extent practicable, all other available options for the acquisition or use of the land, such as the purchase of an easement or the execution of a land exchange; and

(B)

submit to the congressional defense committees a report containing—

(i)

a description of the land to be acquired;

(ii)

a certification that negotiations with the owner or owners of the land occurred, and that the Secretary tendered consideration in an amount equal to the fair market value of the land, as determined by the Secretary; and

(iii)

an explanation of the other approaches considered for acquiring use of the land, the reasons for the acquisition of the land, and the reasons why alternative acquisition strategies are inadequate.

(2)

The Secretary concerned may have proceedings brought in the name of the United States to acquire the land after the end of the 21-day period beginning on the date on which the report is received by the committees in an electronic medium pursuant to section 480 of this title.

(g)

Exception to Advance Notice Requirement.—

If the Secretary of a military department determines that the use of condemnation, eminent domain, or seizure to acquire an interest in land is required under subsection (a) to satisfy a requirement vital to national security, and that any delay would be detrimental to national security or the protection of health, safety, or the environment, the Secretary may have proceedings brought in the name of the United States to acquire the land in advance of submitting the report required by subsection (f)(1)(B). However, the Secretary shall submit the report not later than seven days after commencement of the legal proceedings with respect to the land.

(h)

Land Acquisition Options in Advance of Military Construction Projects.—

(1)

The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project of the military department under the jurisdiction of the Secretary.

(2)

As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the military department under the jurisdiction of the Secretary for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 147 · 70A Stat. 147

    Enacted · 10 U.S.C. § 2663

    Aug. 10, 1956, ch. 1041, 70A Stat. 147

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 147

  2. Pub. L. 85–861 § 33(a)(14) · 72 Stat. 1437

    Struck · 10 U.S.C. § 2663(a)

    Pub. L. 85–861 struck out provisions requiring proceedings under this subsection to be in accordance with the law of the State in which the suit is brought

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–861 struck out provisions requiring proceedings under this subsection to be in accordance with the law of the State in which the suit is brought.

    Enacted provision · exact public law section
    (14) Section 2663 (a) is amended by striking out the last sentence. 10 USC 2451.

  3. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(1)(A) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 2663

    Pub. L. 109–163, § 2821(a)(1)(A), substituted “Land acquisition authorities” for “Acquisition” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 2821(a)(1)(A), substituted “Land acquisition authorities” for “Acquisition” in section catchline.

    Enacted provision · exact public law section
    (A) by striking the section heading and inserting the following new section heading: “§ 2663. Land acquisition authorities” ;

  4. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(1)(B) · 119 Stat. 3136

    1. Inserted · 10 U.S.C. § 2663(a)

      Pub. L. 109–163, § 2821(a)(1)(B), (C), inserted “Acquisition of Land by Condemnation for Certain Military Purposes.—(1)” before “The Secretary” in introductory provisions

    2. Redesignated · 10 U.S.C. § 2663(a)

      Pub. L. 109–163, § 2821(a)(1)(B), (C), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), in subpar. (C)

    3. Substituted · 10 U.S.C. § 2663(a)

      Pub. L. 109–163, § 2821(a)(1)(B), (C), substituted “subparagraph (B)” for “clause (2)”

    4. Redesignated · 10 U.S.C. § 2663(a)

      Pub. L. 109–163, § 2821(a)(1)(B), (C), redesignated subsec. (b) as par. (2)

    5. Substituted · 10 U.S.C. § 2663(a)

      Pub. L. 109–163, § 2821(a)(1)(B), (C), substituted “paragraph (1)” for “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–163, § 2821(a)(1)(B), (C), inserted “Acquisition of Land by Condemnation for Certain Military Purposes.—(1)” before “The Secretary” in introductory provisions, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), in subpar. (C), substituted “subparagraph (B)” for “clause (2)”, redesignated subsec. (b) as par. (2) and substituted “paragraph (1)” for “subsection (a)”.

    Enacted provision · exact public law section
    (B) in subsection (a)— (i) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (ii) in subparagraph (C), as so redesignated, by striking “clause (2)” and inserting “subparagraph (B)”; and (iii) by inserting “Acquisition of Land by Condemnation for Certain Military Purposes.—(1)” before “The Secretary”;

  5. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(1)(D) · 119 Stat. 3136

    1. Redesignated · 10 U.S.C. § 2663(b)

      Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b)

    2. Inserted · 10 U.S.C. § 2663(b)

      Pub. L. 109–163, § 2821(a)(1)(D), inserted heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b) and inserted heading.

    Enacted provision · exact public law section
    (D) by redesignating subsection (c) as subsection (b) and, in such subsection, by inserting “Acquisition by Purchase in Lieu of Condemnation.—” before “The Secretary”; and

  6. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(1)(C) · 119 Stat. 3136

    Redesignated · 10 U.S.C. § 2663(b)

    Pub. L. 109–163, § 2821(a)(1)(C), redesignated subsec. (b) as subsec. (a)(2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 2821(a)(1)(C), redesignated subsec. (b) as subsec. (a)(2).

    Enacted provision · exact public law section
    (C) by redesignating subsection (b) as paragraph (2) and, in such paragraph, by striking “subsection (a)” and inserting “paragraph (1)”;

  7. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(2) · 119 Stat. 3136

    1. Redesignated · 10 U.S.C. § 2663(c)

      Pub. L. 109–163, § 2821(a)(2)–(5), redesignated pars. (1) and (2) of subsec. (a) and subsecs. (b) and (d) of section 2672 of this title as pars. (1), (2), (3), and (4), respectively, of subsec. (c) of this section

    2. Inserted · 10 U.S.C. § 2663(c)

      Pub. L. 109–163, § 2821(a)(2)–(5), inserted subsec. heading, in par. (3)

    3. Substituted · 10 U.S.C. § 2663(c)

      Pub. L. 109–163, § 2821(a)(2)–(5), substituted “This subsection” for “This section” in par. (4)

    4. Substituted · 10 U.S.C. § 2663(c)

      Pub. L. 109–163, § 2821(a)(2)–(5), substituted “paragraph (1)” for “subsection (a)(1)” in par. (4)

    5. Substituted · 10 U.S.C. § 2663(c)

      Pub. L. 109–163, § 2821(a)(2)–(5), substituted “paragraph (2)” for “subsection (a)(2)” in par. (4)

    6. Substituted · 10 U.S.C. § 2663(c)

      Pub. L. 109–163, § 2821(a)(2)–(5), substituted “this subsection” for “this section”

    7. Struck · 10 U.S.C. § 2663(c)

      Pub. L. 109–163, § 2821(a)(2)–(5), struck out headings for former subsecs. (a), (b), and (d) of section 2672

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–163, § 2821(a)(2)–(5), redesignated pars. (1) and (2) of subsec. (a) and subsecs. (b) and (d) of section 2672 of this title as pars. (1), (2), (3), and (4), respectively, of subsec. (c) of this section, inserted subsec. heading, in par. (3), substituted “This subsection” for “This section”, “paragraph (1)” for “subsection (a)(1)”, and “paragraph (2)” for “subsection (a)(2)”, in par. (4), substituted “this subsection” for “this section”, and struck out headings for former subsecs. (a), (b), and (d) of section 2672.

    Enacted provision · exact public law section
    (2) by transferring subsections (a), (b), and (d) of section 2672 to section 2663 and inserting such subsections in that order after subsection (b), as redesignated by paragraph (1)(D);

  8. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(1)(D) · 119 Stat. 3136

    Redesignated · 10 U.S.C. § 2663(c)

    Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b).

    Enacted provision · exact public law section
    (D) by redesignating subsection (c) as subsection (b) and, in such subsection, by inserting “Acquisition by Purchase in Lieu of Condemnation.—” before “The Secretary”; and

  9. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(6) · 119 Stat. 3136

    1. Redesignated · 10 U.S.C. § 2663(d)

      Pub. L. 109–163, § 2821(a)(6)–(9), redesignated subsecs. (a), (c), and (b) of section 2672a of this title as pars. (1), (2), and (3), respectively, of subsec. (d) of this section

    2. Inserted · 10 U.S.C. § 2663(d)

      Pub. L. 109–163, § 2821(a)(6)–(9), inserted subsec. heading, in par. (1)

    3. Redesignated · 10 U.S.C. § 2663(d)

      Pub. L. 109–163, § 2821(a)(6)–(9), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (2)

    4. Substituted · 10 U.S.C. § 2663(d)

      Pub. L. 109–163, § 2821(a)(6)–(9), substituted “this subsection” for “this section”, and in par. (3)

    5. Substituted · 10 U.S.C. § 2663(d)

      Pub. L. 109–163, § 2821(a)(6)–(9), substituted “this subsection” for “this section” in first sentence

    6. Struck · 10 U.S.C. § 2663(d)

      Pub. L. 109–163, § 2821(a)(6)–(9), struck out second sentence which read as follows: “The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–163, § 2821(a)(6)–(9), redesignated subsecs. (a), (c), and (b) of section 2672a of this title as pars. (1), (2), and (3), respectively, of subsec. (d) of this section, inserted subsec. heading, in par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (2), substituted “this subsection” for “this section”, and in par. (3), substituted “this subsection” for “this section” in first sentence and struck out second sentence which read as follows: “The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise.”

    Enacted provision · exact public law section
    (6) by transferring subsections (a), (c), and (b) of section 2672a to section 2663 and inserting such subsections in that order after subsection (c), as redesignated and amended by paragraphs (3), (4), and (5);

  10. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(1)(E) · 119 Stat. 3136

    Struck · 10 U.S.C. § 2663(d)

    Pub. L. 109–163, § 2821(a)(1)(E), struck out subsec. (d) which read as follows: “The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including temporary use, for any purpose named in subsection (a).”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 2821(a)(1)(E), struck out subsec. (d) which read as follows: “The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including temporary use, for any purpose named in subsection (a).”

    Enacted provision · exact public law section
    (E) by striking subsection (d);

  11. Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(10) · 119 Stat. 3136

    1. Redesignated · 10 U.S.C. § 2663(e)

      Pub. L. 109–163, § 2821(a)(10), (11), redesignated subsec. (b) of section 2676 of this title as subsec. (e) of this section

    2. Inserted · 10 U.S.C. § 2663(e)

      Pub. L. 109–163, § 2821(a)(10), (11), inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–163, § 2821(a)(10), (11), redesignated subsec. (b) of section 2676 of this title as subsec. (e) of this section and inserted heading.

    Enacted provision · exact public law section
    (10) by transferring subsection (b) of section 2676 to section 2663 and inserting such subsection after subsection (d), as redesignated and amended by paragraphs (7), (8), and (9); and

  12. Military Construction Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 2821(b)(1) · 120 Stat. 2083

    1. Amended · 10 U.S.C. § 2663(a)(1)

      Pub. L. 109–364, § 2821(b)(1), as amended by Pub. L. 111–383

    2. Substituted · 10 U.S.C. § 2663(a)(1)

      Pub. L. 109–364, § 2821(b)(1), as substituted “Subject to subsection (f), the Secretary” for “The Secretary” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–364, § 2821(b)(1), as amended by Pub. L. 111–383, substituted “Subject to subsection (f), the Secretary” for “The Secretary” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), “The Secretary” and inserting “Subject to subsection (f), the Secretary”; and

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364 as enacted.

  13. Military Construction Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 2821(b)(2) · 120 Stat. 2083

    Added · 10 U.S.C. § 2663(f); 10 U.S.C. § 2663(g)

    Pub. L. 109–364, § 2821(b)(2), added subsecs. (f) and (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 109–364, § 2821(b)(2), added subsecs. (f) and (g).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsections: “(f) Advance Notice of Use of Condemnation.— (1) Before commencing any legal proceeding to acquire any interest in land under subsection (a), including acquisition for temporary use, by condemnation, eminent domain, or seizure, the Secretary of the military department concerned shall— “(A) pursue, to the maximum extent practicable, all other available options for the acquisition or use of the land, such as the purchase of an easement or the execution of a land exchange; and “(B) submit to the congressional defense committees a report containing— “(i) a description of the land to be acquired; “(ii) a certification that negotiations with the owner or owners of the land occurred, and that the Secretary tendered consideration in an amount equal to the fair market value of the land, as determined by the Secretary; and “(iii) an explanation of the other approaches considered for acquiring use of the land, the reasons for the acquisition of the land, and the reasons why alternative acquisition strategies are inadequate. “(2) The Secretary concerned may have proceedings brought in the name of the United States to acquire the land after the end of the 21-day period beginning on the date on which the report is received by the committees or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title. “(g) Exception to Advance Notice Requirement.— If the Secretary of a military department determines that the use of condemnation, eminent domain, or seizure to acquire an interest in land is required under subsection (a) to satisfy a requirement vital to national security, and that any delay would be detrimental to national security or the protection of health, safety, or the environment, the Secretary may have proceedings brought in the name of the United States to acquire the land in advance of submitting the report required by subsection (f)(1)(B). Reports. Deadline. However, the Secretary shall submit the report not later than seven days after commencement of the legal proceedings with respect to the land.” .

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364 as enacted.

  14. Military Construction Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. B title XXVIII § 2822(a) · 122 Stat. 3

    Added · 10 U.S.C. § 2663(h)

    Pub. L. 110–181 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–181 added subsec. (h).

    Enacted provision · exact public law section
    (a) Consolidation.— Section 2663 of title 10, United States Code, is amended by adding at the end the following new subsection: “(h) Land Acquisition Options in Advance of Military Construction Projects.— (1) The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project of the military department under the jurisdiction of the Secretary. “(2) As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the military department under the jurisdiction of the Secretary for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.” .

  15. Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 div. A title X § 1075(g)(6) · 124 Stat. 4137

    Changed · 10 U.S.C. § 2663(a)(1)

    Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, § 2821(b)(1). See 2006 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, § 2821(b)(1). See 2006 Amendment note below.

    Enacted provision · exact public law section
    (6) Section 2821(b)(1) (120 Stat. 2474) is amended by inserting “by striking” after “subsection (a)(1),”.

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364 as enacted.

  16. Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2811(b) · 131 Stat. 1283

    1. Inserted · 10 U.S.C. § 2663(d)(2)

      Pub. L. 115–91, § 2811(b), inserted “, in an electronic medium pursuant to section 480 of this title,” after “submit”

    2. Substituted · 10 U.S.C. § 2663(d)(2)

      Pub. L. 115–91, § 2811(b), substituted “a notice” for “written notice”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 115–91, § 2811(b), inserted “, in an electronic medium pursuant to section 480 of this title,” after “submit” and substituted “a notice” for “written notice”.

    Enacted provision · exact public law section
    (b) Acquisition of Interests in Land When Need Is Urgent.— Section 2663(d)(2) of title 10, United States Code, is amended— (1) by inserting after “submit” the following: “, in an electronic medium pursuant to section 480 of this title,”; and (2) by striking “written notice” and inserting “a notice”.

  17. Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2811(c) · 131 Stat. 1283

    Struck · 10 U.S.C. § 2663(f)(2)

    Pub. L. 115–91, § 2811(c), struck out “or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided” after “received by the committees”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 115–91, § 2811(c), struck out “or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided” after “received by the committees”.

    Enacted provision · exact public law section
    (c) Acquisition of Land by Condemnation for Certain Military Purposes.— Section 2663(f)(2) of title 10, United States Code, is amended by striking “or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided”.

  18. Pub. L. 118–159 div. B title XXVIII § 2804(b) · 138 Stat. 2248

    Substituted · 10 U.S.C. § 2663(c)(1)(B)

    Pub. L. 118–159 directed substitution of “$4,000,000” for the dollar amount in subsec. (c)(1), which was executed by making the substitution for “$750,000” in subsec. (c)(1)(B)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 118–159 directed substitution of “$4,000,000” for the dollar amount in subsec. (c)(1), which was executed by making the substitution for “$750,000” in subsec. (c)(1)(B).

35 of 37 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
2663(a)2663(b)2663(c)50:171 (less provisos).50:171 (last proviso).50:171 (1st proviso).July 2, 1917, ch. 35; restated Apr. 11, 1918, ch. 51, 40 Stat. 518.
2663(d)50:171 (2d proviso).[50:171 is made applicable to the Navy by 50:171–1 (less 16th through 21st words)].Oct. 25, 1951, ch. 563, § 101 (less 22d through 43d words), 65 Stat. 641.

In subsection (a), the words “brought * * * in a court of proper jurisdiction” are substituted for the words “instituted * * * in any court having jurisdiction of such proceedings”. The words “any interest in land, including temporary use” are substituted for the words “any land, temporary use thereof or other interest therein, or right pertaining thereto”. The words “relating to suits for the condemnation of property” are omitted as surplusage. The last sentence is substituted for 50:171 (words between semicolon and first proviso). The Act of July 2, 1917, ch. 35, as restated by the Act of April 11, 1918, ch. 51 (last 77 words), are not contained in 50:171. They are also omitted from the revised section as executed.

In subsection (a)(1), the word “location” is omitted as surplusage. The words “operation of” are substituted for the words “prosecution of works for”.

In subsection (b), the words “That when such property is acquired” are omitted as surplusage. The words “under subsection (a)” are substituted for the words “of any land, temporary use thereof or other use therein or right pertaining thereto to be acquired for any of the purposes aforesaid”. The words “take and use” are substituted for the words “possession thereof may be taken * * * and used for military purposes”.

In subsection (c), the words “as soon as the owner fixes a price for it” are substituted for the words “That when the owner of such land, interest, or rights pertaining thereto shall fix a price for the same”. The word “considers” is substituted for the words “which in the opinion”. The words “contract for or buy” are substituted for the words “purchase or enter into a contract”. The words “without further delay” are omitted as surplusage.

In subsection (d), the words “a gift of any interest in land * * * for any purpose named in subsection (a)” are substituted for 50:171 (last 15 words of 2d proviso).

1958 Act

The deletion of the last sentence of section 2663(a) and the last sentence of section 2664(a) reflects their implied repeal by Rule 71A of the Rules of Civil Procedure for the United States District Courts (see 28 U.S.C. 2072). (See letter from Assistant Attorney General (Lands Division), Department of Justice, August 1957, to General Counsel, Department of Defense.) The other changes conform section 2664 to section 2663, both of which were based on the same source statute (sec. 8 of the Act of July 9, 1918, ch. 143, subch. XV, 40 Stat. 888) and both of which include the temporary use of the kinds of property respectively covered.

Editorial Notes

Codification

The text of section 2672, part of which was transferred to this section, redesignated subsec. (c), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(2)–(5), was based on Pub. L. 85–861, § 1(51), , 72 Stat. 1459; amended Pub. L. 87–651, title I, § 112(a), , 76 Stat. 511; Pub. L. 92–145, title VII, § 707(2), (3), , 85 Stat. 411; Pub. L. 96–418, title VIII, § 806(a), , 94 Stat. 1777; Pub. L. 99–167, title VIII, § 810(a), (b)(1), , 99 Stat. 989, 990; Pub. L. 99–661, div. A, title XIII, § 1343(a)(16), , 100 Stat. 3993; Pub. L. 100–456, div. B, title XXVIII, § 2804, , 102 Stat. 2115; Pub. L. 105–85, div. B, title XXVIII, § 2811(a), (b)(1), , 111 Stat. 1991; Pub. L. 108–136, div. B, title XXVIII, § 2811(a)–(b)(2), , 117 Stat. 1724, 1725; Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(1), , 118 Stat. 2130.

The text of section 2672a of this title, which was transferred to this section, redesignated subsec. (d), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(6)–(9), was based on Pub. L. 94–107, title VI, § 607(8), , 89 Stat. 566; amended Pub. L. 98–525, title XIV, § 1405(39), , 98 Stat. 2624; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), , 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(29), , 117 Stat. 1599; Pub. L. 108–375, div. A, title X, § 1084(d)(23), , 118 Stat. 2062.

The text of section 2676(b) of this title, which was transferred to this section, redesignated subsec. (e), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(10), (11), was based on Pub. L. 85–861, § 1(51), , 72 Stat. 1460; amended Pub. L. 97–214, § 5, , 96 Stat. 170.

Amendments1958–2024 · 6 rounds

2024

Subsec. (c)(1)(B). Pub. L. 118–159 directed substitution of “$4,000,000” for the dollar amount in subsec. (c)(1), which was executed by making the substitution for “$750,000” in subsec. (c)(1)(B).

2017

Subsec. (d)(2). Pub. L. 115–91, § 2811(b), inserted “, in an electronic medium pursuant to section 480 of this title,” after “submit” and substituted “a notice” for “written notice”.

Subsec. (f)(2). Pub. L. 115–91, § 2811(c), struck out “or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided” after “received by the committees”.

2011

Subsec. (a)(1). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, § 2821(b)(1). See 2006 Amendment note below.

2008

Subsec. (h). Pub. L. 110–181 added subsec. (h).

2006

Pub. L. 109–163, § 2821(a)(1)(A), substituted “Land acquisition authorities” for “Acquisition” in section catchline.

Subsec. (a). Pub. L. 109–163, § 2821(a)(1)(B), (C), inserted “Acquisition of Land by Condemnation for Certain Military Purposes.—(1)” before “The Secretary” in introductory provisions, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), in subpar. (C), substituted “subparagraph (B)” for “clause (2)”, redesignated subsec. (b) as par. (2) and substituted “paragraph (1)” for “subsection (a)”.

Subsec. (a)(1). Pub. L. 109–364, § 2821(b)(1), as amended by Pub. L. 111–383, substituted “Subject to subsection (f), the Secretary” for “The Secretary” in introductory provisions.

Subsec. (b). Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b) and inserted heading.

Pub. L. 109–163, § 2821(a)(1)(C), redesignated subsec. (b) as subsec. (a)(2).

Subsec. (c). Pub. L. 109–163, § 2821(a)(2)–(5), redesignated pars. (1) and (2) of subsec. (a) and subsecs. (b) and (d) of section 2672 of this title as pars. (1), (2), (3), and (4), respectively, of subsec. (c) of this section, inserted subsec. heading, in par. (3), substituted “This subsection” for “This section”, “paragraph (1)” for “subsection (a)(1)”, and “paragraph (2)” for “subsection (a)(2)”, in par. (4), substituted “this subsection” for “this section”, and struck out headings for former subsecs. (a), (b), and (d) of section 2672.

Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b).

Subsec. (d). Pub. L. 109–163, § 2821(a)(6)–(9), redesignated subsecs. (a), (c), and (b) of section 2672a of this title as pars. (1), (2), and (3), respectively, of subsec. (d) of this section, inserted subsec. heading, in par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (2), substituted “this subsection” for “this section”, and in par. (3), substituted “this subsection” for “this section” in first sentence and struck out second sentence which read as follows: “The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise.”

Pub. L. 109–163, § 2821(a)(1)(E), struck out subsec. (d) which read as follows: “The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including temporary use, for any purpose named in subsection (a).”

Subsec. (e). Pub. L. 109–163, § 2821(a)(10), (11), redesignated subsec. (b) of section 2676 of this title as subsec. (e) of this section and inserted heading.

Subsecs. (f), (g). Pub. L. 109–364, § 2821(b)(2), added subsecs. (f) and (g).

1958

Subsec. (a). Pub. L. 85–861 struck out provisions requiring proceedings under this subsection to be in accordance with the law of the State in which the suit is brought.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title X, § 1075(g), , 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of , and as if included in Pub. L. 109–364 as enacted.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861 effective , see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

Sense of Congress

Pub. L. 109–364, div. B, title XXVIII, § 2821(a), , 120 Stat. 2473, provided that:

“It is the sense of Congress that the Secretary of Defense, when acquiring land for military purposes, should—

“(1)

make every effort to acquire the land by means of purchases from willing sellers; and

“(2)

employ condemnation, eminent domain, or seizure procedures only as a measure of last resort in cases of compelling national security requirements or at the request of the seller.”

Credits

1956–2024 · 8 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 147
  2. 1958Pub. L. 85–861, § 33(a)(14), , 72 Stat. 1565
  3. 2006Pub. L. 109–163, div. B, title XXVIII, § 2821(a), , 119 Stat. 3511
  4. 2006Pub. L. 109–364, div. B, title XXVIII, § 2821(b), , 120 Stat. 2474
  5. 2008Pub. L. 110–181, div. B, title XXVIII, § 2822(a), , 122 Stat. 544
  6. 2011Pub. L. 111–383, div. A, title X, § 1075(g)(6), , 124 Stat. 4377
  7. 2017Pub. L. 115–91, div. B, title XXVIII, § 2811(b), (c), , 131 Stat. 1848
  8. 2024Pub. L. 118–159, div. B, title XXVIII, § 2804(b), , 138 Stat. 2248.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 85–861, § 33(a)(14), , 72 Stat. 1565; Pub. L. 109–163, div. B, title XXVIII, § 2821(a), , 119 Stat. 3511; Pub. L. 109–364, div. B, title XXVIII, § 2821(b), , 120 Stat. 2474; Pub. L. 110–181, div. B, title XXVIII, § 2822(a), , 122 Stat. 544; Pub. L. 111–383, div. A, title X, § 1075(g)(6), , 124 Stat. 4377; Pub. L. 115–91, div. B, title XXVIII, § 2811(b), (c), , 131 Stat. 1848; Pub. L. 118–159, div. B, title XXVIII, § 2804(b), , 138 Stat. 2248.)

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