
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1592d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 9--HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE
 
  SUBCHAPTER IX--DEFENSE HOUSING AND COMMUNITY FACILITIES AND SERVICES
 
Sec. 1592d. Secretary's powers with respect to housing, 
        facilities, and services
        

(a) Planning, acquisition, construction, etc.

    With respect to any housing or community facilities or services 
which the Secretary of Housing and Urban Development is authorized to 
provide, or any property which he is authorized to acquire, under this 
Act, the Secretary of Housing and Urban Development is authorized by 
contract or otherwise (without regard to section 5 of title 41, section 
278a \1\ of title 40, the Federal Property and Administrative Services 
Act of 1949, as amended [41 U.S.C. 251 et seq.], and prior to the 
approval of the Attorney General) to make plans, surveys, and 
investigations; to acquire (by purchase, donation, condemnation or 
otherwise), construct, erect, extend, remodel, operate, rent, lease, 
exchange, repair, deal with, insure, maintain, convey, sell for cash or 
credit, demolish, or otherwise dispose of any property, land, 
improvement, or interest therein; to provide approaches, utilities, and 
transportation facilities; to procure necessary materials, supplies, 
articles, equipment, and machinery; to make advance payments for leased 
property; to pursue to final disposition by way of compromise or 
otherwise, claims both for and against the United States (exclusive of 
claims in excess of $5,000 arising out of contracts for construction, 
repairs, and the purchase of supplies and materials, and claims 
involving administrative expenses) which are not in litigation and which 
have not been referred to the Department of Justice; and to convey 
without cost to States and political subdivisions and instrumentalities 
thereof property for streets and other public thoroughfares and 
easements for public purposes: Provided, That any instrument executed by 
the Secretary of Housing and Urban Development and purporting to convey 
any right, title or interest in any property acquired pursuant to this 
subchapter or subchapter X of this chapter shall be conclusive evidence 
of compliance with the provisions thereof insofar as title or other 
interest of any bona fide purchasers, lessees or transferees of such 
property is concerned. Notwithstanding any provisions of this Act, 
housing or community facilities constructed by the United States 
pursuant to the authority contained herein shall conform to the 
requirements of State and local laws, ordinances, rules, or regulations 
relating to health and sanitation, and, to the maximum extent 
practicable, taking into consideration the availability of materials and 
the requirements of national defense, any housing or community 
facilities, except housing or community facilities of a temporary 
character, constructed by the United States pursuant to the authority 
contained herein shall conform to the requirements of State or local 
laws, ordinances, rules, or regulations relating to building codes.
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    \1\ See References in Text note below.
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(b) Condemnation

    Before condemnation proceedings are instituted pursuant to this 
subchapter or subchapter X of this chapter an effort shall be made to 
acquire the property involved by negotiation unless, because of 
reasonable doubt as to the identity of the owner or owners, because of 
the large number of persons with whom it would be necessary to 
negotiate, or for other reasons, the effort to acquire by negotiation 
would involve, in the judgment of the Secretary of Housing and Urban 
Development, such delay in acquiring the property as to be contrary to 
the interest of national defense. In any condemnation proceeding 
instituted pursuant to this subchapter or subchapter X of this chapter, 
the court shall not order the party in possession to surrender 
possession in advance of final judgment unless a declaration of taking 
has been filed, and a deposit of the amount estimated to be just 
compensation has been made, under section 258a of title 40, providing 
for such declarations. Unless title is in dispute, the court, upon 
application, shall promptly pay to the owner at least 75 per centum of 
the amount so deposited, but such payment shall be made without 
prejudice to any party to the proceeding.

(c) Return to original owner in certain cases

    If any real property acquired under this subchapter or subchapter X 
of this chapter is retained after June 30, 1954, without having been 
used for the purposes of this Act, the Secretary of Housing and Urban 
Development shall, if the original owner desires the property and pays 
the fair value thereof, return such property to the owner. In the event 
the Secretary of Housing and Urban Development and the original owner do 
not agree as to the fair value of the property, the fair value shall be 
determined by three appraisers, one of whom shall be chosen by the 
Secretary of Housing and Urban Development, one by the original owner, 
and the third by the first two appraisers; the expenses of such 
determination shall be paid in equal shares by the Government and the 
original owner.

(Sept. 1, 1951, ch. 378, title III, Sec. 305, 65 Stat. 305; June 30, 
1953, ch. 170, Sec. 17, 67 Stat. 125; Pub. L. 89-174, Sec. 5(a), Sept. 
9, 1965, 79 Stat. 669; Pub. L. 97-214, Sec. 10(b)(1), July 12, 1982, 96 
Stat. 175.)

                       References in Text

    This Act, referred to in subsecs. (a) and (c), means act Sept. 1, 
1951, ch. 378, 65 Stat. 293, as amended, known as the Defense Housing 
and Community Facilities and Services Act of 1951. For complete 
classification of this Act to the Code, see Short Title of 1951 
Amendment note set out under section 1501 of this title and Tables.
    Section 278a of title 40, referred to in subsec. (a), was repealed 
by Pub. L. 100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052.
    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Provisions of that act relating to procurement 
contracts are classified to subchapter IV (Sec. 251 et seq.) of chapter 
4 of Title 41, Public Contracts. For complete classification of this Act 
to the Code, see Short Title note set out under section 471 of Title 40, 
Public Buildings, Property, and Works, and Tables.
    Subchapter X of this chapter, referred to in subsecs. (a), (b), and 
(c), was in the original, title IV of this Act, meaning title IV of act 
Sept. 1, 1951, ch. 378, 65 Stat. 310, as amended, which enacted sections 
1593 to 1593d of this title and was repealed by act June 30, 1953, ch. 
170, Sec. 19, 67 Stat. 126.


                               Amendments

    1982--Subsec. (a). Pub. L. 97-214 struck out reference to section 
1136 of the Revised Statutes, which had been enacted as sections 4774 
and 9774 of title 10 by act Aug. 10, 1956, ch. 1041, as amended by Pub. 
L. 93-166, Sec. 509(c), (e), Nov. 29, 1973, 87 Stat. 677, 678.
    1953--Subsec. (c). Act June 30, 1953, substituted ``June 30, 1954'' 
for ``June 30, 1953''.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and applicable 
to military construction projects, and to construction and acquisition 
of military family housing before, on, or after such date, see section 
12(a) of Pub. L. 97-214, set out as an Effective Date note under section 
2801 of Title 10, Armed Forces.

                          Transfer of Functions

    For transfer of functions to Secretary of Housing and Urban 
Development, see note set out under section 1581 of this title.
