
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2664]

 
                         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. 2664. Acquisition of property for lumber production

    (a) The Secretary of a military department, the Secretary of 
Transportation, or any one or more of them, may have proceedings brought 
in the name of the United States to acquire by condemnation any interest 
in property named in subsection (b), including temporary use, and needed 
for--
        (1) the production of aircraft, vessels, dry docks, or equipment 
    for them;
        (2) the procurement of supplies for aircraft, vessels, and dry 
    docks; or
        (3) housing for persons employed by the United States in 
    connection with functions of the Army, Navy, Air Force, or Marine 
    Corps, or the functions transferred to the Secretary of 
    Transportation under section 3 of the Maritime Act of 1981 (46 
    U.S.C. App. 1602).

    (b) The kinds of property that may be acquired by condemnation under 
subsection (a) are--
        (1) standing or fallen timber;
        (2) sawmills;
        (3) camps;
        (4) machinery;
        (5) logging roads;
        (6) rights-of-way;
        (7) supplies; and
        (8) works, property, or appliances suitable for the production 
    of lumber and timber products.

    (c) Jurisdiction over condemnation proceedings under this section is 
vested in the United States District Court for the district in which the 
property, or any part of it, sought to be condemned is located, 
regardless of its value.
    (d) 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 property to the extent of the interest 
sought to be acquired.
    (e) A person named in subsection (a) may contract for or buy any 
interest in property named in subsection (b), including temporary use, 
needed for any purpose named in subsection (a), as soon as the owner 
fixes a price for it and that person considers that price to be 
reasonable.
    (f) A person named in subsection (a) may accept for the United 
States a gift of any property named in subsection (b), including 
temporary use, for any purpose named in subsection (a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 148; Pub. L. 85-861, Sec. 33(a)(15), 
Sept. 2, 1958, 72 Stat. 1565; Pub. L. 96-513, title V, Sec. 511(90), 
Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97-31, Sec. 12(3)(A), Aug. 6, 
1981, 95 Stat. 153; Pub. L. 97-295, Sec. 1(32), Oct. 12, 1982, 96 Stat. 
1296; Pub. L. 100-26, Sec. 7(d)(6), Apr. 21, 1987, 101 Stat. 281.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2664(a)...............................  50:172 (1st par., less 26th through  Ju
ly 9, 1918, ch. 143, subch. XV,
                                         56th words of 1st sentence; and      S
ec.  8 (2d par.), 40 Stat. 888.
                                         less last sentence).
2664(b)...............................  50:172 (26th through 56th words of
                                         1st sentence of 1st par.).
2664(c)...............................  50:172 (last sentence of 1st par.).
2664(d)...............................  [No source].
2664(e)...............................  [No source].
2664(f)...............................  [No source].
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the introductory clause is substituted for 50:172 
(1st 25 words, and 2d sentence). The words ``Secretary of Commerce'' and 
``Chairman of the Federal Maritime Board'' are substituted for the words 
``Chairman of the United States Maritime Commission'' and the words 
``functions transferred to the Secretary of Commerce or the Federal 
Maritime Board by 1950 Reorganization Plan No. 21, effective May 24, 
1950, 64 Stat. 1273'' are substituted for the words ``[functions of] the 
United States Maritime Commission'', since the functions of the Chairman 
of the United States Maritime Commission and of the United States 
Maritime Commission were transferred to the Secretary of Commerce and 
the Federal Maritime Board by that Reorganization Plan. The words ``or 
any one or more of them'' are substituted for the words ``individually 
or collectively'', to make it clear that any number of them may act and 
not necessarily one or all of them. The words ``equipment for them'' are 
substituted for the words ``their apparel or furniture''. The words 
``manufacture, or building'' are omitted as covered by the word 
``production''. 50:172 (1st 18 words of 3d sentence) is omitted as 
surplusage.
    In subsection (a)(2), the word ``supplies'' is substituted for the 
words ``materials and equipment'', since the word ``supplies'' is 
defined in section 101(26) of this title to include material and 
equipment.
    The last sentence of subsection (a) is based on the 27 words 
preceding the first proviso of 50:171, which is the source for section 
2663(a) (last sentence) of this title, and which was incorporated into 
50:172 by the cross reference in the first sentence thereof.
    In subsection (b), the introductory clause is inserted for clarity. 
The words ``equipment, materials'' are omitted as covered by the word 
``supplies'', since the word ``supplies'' is defined in section 101(26) 
of this title to include material and equipment.
    In subsection (c), the words ``United States District Court for the 
district in which'' are substituted for the words ``district courts of 
the United States, where'' to conform to section 132 of title 28.
    Subsections (d)-(f) are based on the provisos of 50:171, which are 
the source for section 2663(b)-(d) of this title, and which were 
incorporated into 50:172 by the cross reference in the first sentence 
thereof.

                            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.

                            1982 Act

    This corrects an error in an amendment to 10:2664(a) made by section 
12(3)(A) of the Maritime Act of 1981 (Pub. L. 97-31, Aug. 6, 1981, 95 
Stat. 153).


                               Amendments

    1987--Subsec. (a)(3). Pub. L. 100-26 inserted ``App.'' after ``46 
U.S.C.''.
    1982--Subsec. (a). Pub. L. 97-295 substituted ``military department, 
the Secretary of Transportation, or any'' for ``military department'' 
and all that followed through ``or any'' in text preceding par. (1), 
substituted ``transferred to the Secretary of Transportation'' for 
``transferred to the'' and all that followed in par. (3), clarifying the 
ambiguity created by the conflicting language of Pub. L. 96-513 and Pub. 
L. 97-31, and inserted reference to section 3 of the Maritime Act of 
1981 (46 U.S.C. 1602).
    1981--Subsec. (a). Pub. L. 97-31, in introductory text and par. (3), 
substituted references to Secretary of Transportation for references to 
Secretary of Commerce and Maritime Commission. Amendment was executed to 
text in accordance with the probable intent of Congress, notwithstanding 
amendment of section by Pub. L. 96-513 which substituted different 
language than language contained in amendatory provisions of Pub. L. 97-
31.
    1980--Subsec. (a). Pub. L. 96-513 substituted ``Federal Maritime 
Commission'' for ``Federal Maritime Board'' in two places, and 
substituted ``under Reorganization Plan No. 7 of 1961, effective August 
12, 1961 (75 Stat. 840)'' for ``by 1950 Reorganization Plan No. 21, 
effective May 24, 1950 (64 Stat. 1273)''.
    1958--Subsec. (a). Pub. L. 85-861, Sec. 33(a)(15)(A), (B), inserted 
``, including temporary use,'' after ``subsection (b)'', and struck out 
provisions requiring all proceedings under this subsection to be in 
accordance with the laws of the State in which the suit is brought.
    Subsec. (e). Pub. L. 85-861, Sec. 33(a)(15)(C), inserted ``named in 
subsection (b), including temporary use,'' after ``property''.
    Subsec. (f). Pub. L. 85-861, Sec. 33(a)(15)(B), inserted ``, 
including temporary use,'' after ``subsection (b)''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 2665 of this title.
