
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2663]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 2663. Acquisition

    (a) 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--
        (1) the site, construction, or operation of fortifications, 
    coast defenses, or military training camps;
        (2) 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
        (3) the development and transmission of power for the operation 
    of plants under clause (2).

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

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 85-861, Sec. 33(a)(14), 
Sept. 2, 1958, 72 Stat. 1565.)

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

    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.


                               Amendments

    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.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.


                    Federal Rules of Civil Procedure

    Procedure in condemnation proceedings, see rule 71A, Title 28, 
Appendix, Judiciary and Judicial Procedure.
