Page images
PDF
EPUB
[blocks in formation]

Lease to the United States, consideration, River and harbor and flood control lands: 957a.

Lease to United States, for housing of Federal agencies, 957b.

Buildings in the District of Columbia; un

authorized rental prohibited, 961.

Cemeteries; erection of headstones and preservation of records, 964.

Private cemeteries; design and material of markers, 964a.

National cemeteries:

Acquisition of sites, 965.
Donation of sites, 965a.

Jurisdiction, 971.

Rights of burial, general provision, 974. Burial of indigent Union veterans, 977. Foreign cemeteries:

American

979.

Condemnation:

In general, 1024.

In aid of person, company, or corporation, 1025.

In aid of State or State agency, 1026. Right of possession and compensation in condemnation proceedings, 1027.

Easements for public roads and streets, 1028a.

Exchange, 1028b.

Lease, 1028c.

Sale, 1029.

Memorials; erection in the District of Columbia, 1030.

Military posts; establishment, 1031.

National military parks; investigations, sur

veys and acquisition of sites, 1032.

Battle Monuments Commission, National monuments; establishment, 1035.

[blocks in formation]

Public works; advance planning, 1042.
Roads:

Repairs, 1043.

Donation of lands for, 1044.

Roads to national cemeteries:

Maintenance, 1046.

Railroads excluded, 1047.

Conveyance to States, counties, and municipalities, 1048.

Statue of Liberty; maintenance and repairs, 1051.

Washington Aqueduct, 1059.

By section 1, Military Appropriation Act of April 26, 1939 (53 Stat. 602), additional appropriations were made for construction in Hawaii and the Panama Canal Zone.

By Executive Order No. 8343, February 10, 1940, certain lands in Alaska were reserved for the use of the War Department as authorized by this section.

Public lands in Alaska were reserved for the use of the War Department as station site by Executive Order No. 8577, October 29, 1940.

a radio

Section 2, act of June 15, 1940 (54 Stat. 400) authorizes increased naval aviation facilities, and the Third Supplemental National Defense Appropriation Act of October 8, 1940 (54 Stat. 973), appropriates $15,000,000 for this purpose.

939. Public airports; lease of public lands for.-That the Secretary of the Interior is authorized, in his discretion and under such regulations as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed two thousand five hundred and sixty acres in area, subject to valid rights in such lands under the public land laws. Sec. 1, act of May 24, 1928 (45 Stat. 728); act of Aug. 16, 1941 (55 Stat. 621); 49 U. S. C. 211.

[blocks in formation]

The first paragraph of this section has been amended as above.

Under authority of this section, Executive Order No. 9020, January 12, 1942, transfers to the control of the War Department for military purposes, the airport near Tonopah, Nevada, on lands leased to the United States.

Under authority of this section Executive Order No. 9021, January 12, 1942, permits the leasing of certain lands in Wyoming for airport purposes.

By Executive Order No. 9215, August 6, 1942, the Secretary of War is authorized to assume full control of the public airports on land leased to the Boards of Supervisors of Maricopa and Pima Counties in Arizona.

940. Aviation fields; reservation from public lands.

Certain lands in Alaska formerly reserved for the use of the Bureau of Biological Survey, Department of Agriculture, were transferred to the War Department by Executive Order No. 8305, December 19, 1939.

Under authority of this section certain lands in the States of California and Florida were withdrawn from all forms of appropriation under the public-land laws and turned over to the War Department for use as anti-aircraft firing ranges, by Executive Order No. 8507, August 8, 1940 (corrected in Federal Register of September 14, 1940, page 3652), as amended by Executive Order No. 9098, March 14, 1942, and No. 8508, August 8, 1940.

Certain public lands in Alaska, Utah and Nevada were reserved for use of the War Department as aerial bombing and gunnery ranges by Executive Orders Nos. 8578 (amended by Executive Order No. 9019, January 12, 1942), and 8579, October 29, 1940.

Section 2, act of August 16, 1941 (55 Stat. 625), authorizes the transfer of Moffett Field, California, from the War Department to the Navy Department.

941a. Office buildings; construction and assignment of space.-Sites for and construction of general office buildings, Washington, District of Columbia: For the lease or purchase of sites and for the construction of general office buildings and other structures thereon, including heating plants, approaches, the installation or extension of sewers, water mains, and other utilities as may be necessary, and for the construction of such facilities on Government-owned land in or near the District of Columbia, and for administrative expenses in connection therewith, $25,000,000: Provided, That contracts for construction may be entered into without advertising: Provided further, That the Board of Commissioners of the United States Soldiers' Home is hereby authorized to lease to the United States, for a period of ten years and upon the payment of a rental to be fixed by the Secretary of War, a site or sites upon which may be erected some of the buildings herein authorized: Provided further, That all funds received for rental or other use of United States Soldiers' Home property, facilities, or supplies shall be immediately available to the Board of Commissioners thereof for reexpenditure without regard to fiscal year limitations. Third Supplemental National Defense Appropriation Act of Dec. 17, 1941 (55 Stat. 821).

By Part 3, Reorganization Plan No. I, transmitted to Congress under authority of section 4, act of April 3, 1939, ante, 888c, and effective July 1, 1939, the functions of the National Park Service in connection with the assignment of space in public buildings were transferred from the Department of the Interior to the Federal Works Agency.

An appropriation of $5,000,000 for continuation of the construction of the first unit of the new War Department building was made in the Treasury Department Appropriation Act of May 6, 1939 (53 Stat. 673); and an appropriation of $2,000,000 for continuation of the acquisition of land and of construction by section 1, Independent Offices Appropriation Act of April 18, 1940 (54 Stat. 127).

The Independent Offices Appropriation Act of April 5, 1941 (55 Stat. 107) authorizes the utilization of unexpended balances in connection with the second unit of the War Department building.

The First Supplemental National Defense Appropriation Act of August 25, 1941 (55 Stat. 685) appropriates $35,000,000 for the construction by and for the use of the War Department on Government-owned land comprising the site formerly occupied by the Department of Agriculture Experimental Farm and land adjacent thereto in Arlington County, Virginia, of an office building and appurtenances thereto, including interior facilities, fixed equipment, necessary services, roads, connections to water, sewer, gas, and electric mains, preparation of an automobile parking area, purchase and installation of telephone and radio equipment, and similar improvements, and other expenses in connection therewith,

Notes of Decisions

In general.-Authority over assignment of ings expressly excepted from its jursidiction space in public buildings in the District of by the act of March 1, 1919, or other apColumbia, formerly exercised by the Na- plicable legislation. (Nov. 27, 1941), 40 Op. tional Park Service, was transferred by sec- Atty. Gen. No. 33. tion 303 (b), Reorganization Plan No. I, to the Federal Works Administration.

The extent of such authority and limitations thereon are discussed in 37 Op. 340. (1939), 39 Op. Atty. Gen. 368.

Subject to the limitation against removing a department or agency from a building provided for its use by the Congress, the Public Buildings Administration has the final authority over the control and allotment of space in all public buildings in the District of Columbia save only those build

The determinations of the Public Buildings Administration should not be made abstractly, or in an arbitrary manner, or without ascertainment and due consideration of the true needs of an affected department or agency. Id.

A provision for use of a building by a particular agency may become obsolete because of a later provision of another building for its use, or because of changed conditions due to consolidation, transfer of functions, abolishment, etc. Id.

941d. Public buildings; use in connection with inauguration ceremonies. By public resolution of April 25, 1940 (54 Stat. 168), this section was waived so as to permit the quartering of troops in public buildings during the inaugural ceremonies of January 20, 1941, and by joint resolution of December 20, 1944 (58 Stat. 835), similar authority was granted with respect to the inaugural ceremonies of January 20, 1945.

By section 1, public resolution of April 22, 1940 (54 Stat. 159), the officers in control of public lands in the District of Columbia were authorized to grant permits for the use of any reservations or other public spaces in the city of Washington on the occasion of the inauguration of the President-elect in January 1941, and by section 1, joint resolution of December 20, 1944 (58 Stat. 832), similar authority was granted with respect to the inauguration of the President-elect in January, 1945.

By public resolution of October 9, 1940 (54 Stat. 1090), admission tickets to the inaugural ceremonies to be held in January 1941 were exempted from the Federal tax on admission, all the net proceeds from the sale of such tickets to be donated to charity.

942. Public building sites; condemnation.

This section is made applicable to acquisition of land under the Federal Works Administration housing program by 2214a-1, post.

By 984a-1, post, lands taken by "declaration of taking" under 984a, post, are to be excluded from condemnation proceedings.

Notes of Decisions

Condemnation of lands.-Where Congress | demn the land for purposes of constructing authorizes the building of a dam and ap- a flood control and navigation dam which propriation of land for purposes of flood con- will not permit power development. U. S. v. trol, navigation and power development. West Virginia Power Co. (D. C., S. D.

Federal officers have no authority to con- W. Va., 1940), 33 F. Supp. 756; certiorari

denied (1941), 62 Sup. Ct. 187.

Where petition cited acts of Congress and Executive order as authority for condemnation proceeding, court would take judicial notice of all public documents which were referred to therein and upon which they were based, regardless of whether the documents were mentioned in the petition. 30 U. S. C. 594; 40 U. S. C. 257. Id.

Statutory authority to acquire land for a public use by "purchase" is authority to acquire by condemnation under the sovereign power of eminent domain and act of Congress. 40 U. S. C. 257. U. S. v. 2.74 acres of land in Williamson County, Ill., et al. (D. C., E. D. Ill., 1940), 32 F. Supp. 55.

Proceeding in condemnation under authority of the Navy Appropriation Act of 29 July 1941 (55 Stat. 608) and the General Condemnation Act of 1 August 1888, sec. 1 (25 Stat. 357, 40 U. S. C. 257) to acquire land for expansion of a factory. The former act authorizes the Secretary of the Navy to acquire lands with the approval of the President, and the latter Act confers upon any officer

of the Government, authorized to procure real
estate for the erection of a public building
or for other public uses, the right to acquire
the same by condemnation. Prior to the
commencement of the suit, a written agree-
ment had been executed by the owners of the
land for the sale of a building on the prop-
erty.
The agreement recited that the sale
covered only the materials of which the build-
ing was constructed, which constituted per-
sonal property and that the sale was not
"of any interest in the building or premises
as real property." The purchasers of the
building contended that the building was per-
sonal property and not within the terms of
the Act upon which the Government relied.
The Government had notice of the purchaser's
contract before commencing the suit. Held:
The Government was not bound by any
agreement entered into between the owners
of the fee and the purchaser of the building.
The condemnation of the land included the
building located thereon. U. S. v. 19.86 Acres
of land in East St. Louis, Illinois (C. C. A.
7, 1944), 141 F. (2d) 344.

944. Public building sites; opinion of Attorney General on validity of title.— No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy yard, customhouse, lighthouse, or other public building of any kind whatever, until the written opinion of the Attorney General shall be had in favor of the validity of the title.

Notwithstanding the provisions of this or any other law, whenever the average value of any lands or interests in land to be acquired by or on behalf of the United States under a single option or contract of sale does not exceed $10 per acre (hereinafter referred to as "low-value lands”), the title may be accepted subject to such infirmities as, in the opinion of the Attorney General, may, without jeopardizing the interests of the United States, be left for removal by condemnation or other appropriate proceedings, if and when necessary: Provided, That the total value of any lands or interests to be acquired under a single option or contract of sale subject to an infirmity does not exceed $3,500. No public money shall hereafter be expended for the acquisition of such low-value lands or interests in land by or on behalf of the United States for any purpose until the written opinion of the Attorney General has been had approving the title subject, if expedient, to infirmities as herein provided. However, no money in excess of $2,500 shall be expended for the construction of buildings, works, or other improvements (except roads, trails, and fire-protection improvements), on any site, tract, or parcel of land the title to which is subject to infirmities, until the written opinion of the Attorney General in favor of the validity of the title has been had as in the case of other lands. For the purpose of this Act, values of lands and interests in land shall be determined by the consideration paid or to be paid.

The Attorney General is hereby authorized to approve the title to easements or rights-of-way to be acquired by or on behalf of the United States, subject to such infirmities as, in his opinion, will not jeopardize the interests of the United States.

Nothing in this Act shall be construed to limit the authority now or hereafter delegated to any officer in exercising the power of eminent domain for or on behalf of the United States, to take title to or possession of or to expend money for or upon any land or interest in land, or to expend money as security for an ultimate award in advance of final judgment in any proceedings to determine just compensation; nor shall this Act be construed to preclude any acquiring agency from expending money for the erection of any preliminary and temporary structure upon any land.

The head or other authorized officer of any department, independent establishment, or agency, shall procure any evidence of title which the Attorney General may deem necessary, and the expenses of procurement, except where otherwise authorized by law or provided by contract, may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department, independent establishment, or agency.

The Attorney General may, in his discretion, base any opinion as to title required either by this Act or any other law upon either or both of the following: Certificates of title of title companies or such evidence of title as he may deem satisfactory.

The foregoing provisions of this section shall not be construed to affect in any manner any existing provisions of law which are applicable to the acquisition of lands or interests in land by the Tennessee Valley Authority; and nothing in this section shall be construed to affect in any manner any authority which the Secretary of War, the Chief of Engineers, or the Secretary of the Interior have under the provisions of law in force on the date this section as amended takes effect with respect to the approval by them of title to land or interests in land acquired by the War Department or the Department of the Interior, as the case may be. Nor shall the foregoing provisions of this section, or the provisions of any other law, be construed to require any opinion of the Attorney General in connection with the acquisition or improvement of easements and rights-of-way for military or naval purposes; or for the acquisition or improvement of easements and rights-of-way by the Department of Agriculture for forest and other conservation purposes where the cost of any such easement of rightof-way acquired under a single instrument of conveyance and the cost of any improvement thereon does not exceed $2,500; and the Attorney General may, in his discretion, waive the requirement for his opinion in connection with the acquisition, or improvement of easements and rights-of-way for other purposes when, in his opinion, such waiver will not jeopardize the interests of the United States.

Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure from the State in which any lands or interests therein under his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of

« PreviousContinue »