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42 U.S.C. § 1592e — Interagency transfers of property; appli-
Federal law — U.S. Code and appendices · legal_authorities
Page 4852
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1592e
30, 1954, without having been used for the pur-
poses 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 apprais-
ers, one of whom shall be chosen by the Sec-
retary of Housing and Urban Development, one
by the original owner, and the third by the first
two appraisers; the expenses of such determina-
tion shall be paid in equal shares by the Govern-
ment and the original owner.
(Sept. 1, 1951, ch. 378, title III, § 305, 65 Stat. 305;
June 30, 1953, ch. 170, § 17, 67 Stat. 125; Pub. L.
89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L.
97–214, § 10(b)(1), July 12, 1982, 96 Stat. 175.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (c), means act
Sept. 1, 1951, ch. 378, 65 Stat. 293, 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 322 of the Act of June 30, 1932, referred to in
subsec. (a), is section 322 of act June 30, 1932, ch. 314, 47
Stat. 412, which was classified to section 278a of former
Title 40, Public Buildings, Property, and Works, and
was repealed by Pub. L. 100–678, § 7, Nov. 17, 1988, 102
Stat. 4052.
Subchapter X, referred to in subsecs. (a), (b), and (c),
was in the original, title IV, meaning title IV of act
Sept. 1, 1951, ch. 378, 65 Stat. 310, which enacte
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Page 4852
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1592e
30, 1954, without having been used for the pur-
poses 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 apprais-
ers, one of whom shall be chosen by the Sec-
retary of Housing and Urban Development, one
by the original owner, and the third by the first
two appraisers; the expenses of such determina-
tion shall be paid in equal shares by the Govern-
ment and the original owner.
(Sept. 1, 1951, ch. 378, title III, § 305, 65 Stat. 305;
June 30, 1953, ch. 170, § 17, 67 Stat. 125; Pub. L.
89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L.
97–214, § 10(b)(1), July 12, 1982, 96 Stat. 175.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (c), means act
Sept. 1, 1951, ch. 378, 65 Stat. 293, 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 322 of the Act of June 30, 1932, referred to in
subsec. (a), is section 322 of act June 30, 1932, ch. 314, 47
Stat. 412, which was classified to section 278a of former
Title 40, Public Buildings, Property, and Works, and
was repealed by Pub. L. 100–678, § 7, Nov. 17, 1988, 102
Stat. 4052.
Subchapter X, referred to in subsecs. (a), (b), and (c),
was in the original, title IV, meaning title IV of act
Sept. 1, 1951, ch. 378, 65 Stat. 310, which enacted sec-
tions 1593 to 1593d of this title and was repealed by act
June 30, 1953, ch. 170, § 19, 67 Stat. 126.
CODIFICATION
In subsec. (a), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes, as amended’’
and ‘‘chapters 1 to 11 of title 40 and division C (except
sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41’’ substituted for ‘‘the Federal Prop-
erty and Administrative Services Act of 1949, as amend-
ed’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002,
116 Stat. 1303, which Act enacted Title 40, Public Build-
ings, Property, and Works, and Pub. L. 111–350, § 6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
In subsec. (b), ‘‘section 3114(a) to (d) of title 40’’ sub-
stituted for ‘‘the first section of the Act of February 26,
1931 (46 Stat. 1421)’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and
Works.
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, § 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’’.
Statutory Notes and Related Subsidiaries
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 hous-
ing 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.
§ 1592e. Interagency transfers of property; appli-
cation of rules and regulations
Any Federal agency may, upon request of the
Secretary of Housing and Urban Development,
transfer to his jurisdiction without reimburse-
ment any lands, improved or unimproved, or
other property real or personal, considered by
the Secretary of Housing and Urban Develop-
ment to be needed or useful for housing or com-
munity facilities, or both, to be provided under
this subchapter, and the Secretary of Housing
and Urban Development is authorized to accept
any such transfers. The Secretary of Housing
and Urban Development may also utilize any
other real or personal property under his juris-
diction for the purpose of this subchapter with-
out adjustment of the appropriations or funds
involved. Any property so transferred or uti-
lized, and any funds in connection therewith,
shall be subject only to the authorizations and
limitations of this subchapter. The Secretary of
Housing and Urban Development may, in his dis-
cretion, upon request of the Secretary of De-
fense or his designee, transfer to the jurisdiction
of the Department of Defense without reim-
bursement any land, improvements, housing, or
community facilities constructed or acquired
under the provisions of this subchapter and con-
sidered by the Department of Defense to be re-
quired for the purposes of the said Department.
Upon the transfer of any such property to the
jurisdiction of the Department of Defense, the
laws, rules, and regulations relating to property
of the Department of Defense shall be applicable
to the property so transferred, and the provi-
sions of this subchapter and the rules and regu-
lations issued thereunder shall no longer apply.
(Sept. 1, 1951, ch. 378, title III, § 306, 65 Stat. 306;
Pub. L. 89–174, § 5(a), Sept. 9, 1965, 79 Stat. 669.)
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of functions to Secretary of Housing and
Urban Development, see note set out under section 1581
of this title.
§ 1592f. Preservation of local civil and criminal
jurisdiction, and civil rights; jurisdiction of
State courts
Notwithstanding any other provisions of law,
the acquisition by the United States of any real
property pursuant to this subchapter or sub-
chapter X of this chapter shall not deprive any
State or political subdivision thereof of its civil
or criminal jurisdiction in and over such prop-
erty, or impair the civil or other rights under
the State or local law of the inhabitants of such
property. Any proceedings by the United States
for the recovery of possession of any property or
project acquired, developed, or constructed
under this subchapter or subchapter X of this
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Federal law — U.S. Code and appendices · legal_authorities
Any Federal agency may, upon request of the Secretary of Housing and Urban Development, transfer to his jurisdiction without reimbursement any lands, improved or unimproved, or other property real or personal, considered by the Secretary of Housing and Urban Development to be needed or useful for housing or community facilities, or both, to be provided under this subchapter, and the Secretary of Housing and Urban Development is authorized to accept any such transfers. The Secretary of Housing and Urban Development may also utilize any other real or personal property under his jurisdiction for the purpose of this subchapter without adjustment of the appropriations or funds involved. Any property so transferred or utilized, and any funds in connection therewith, shall be subject only to the authorizations and limitations of this subchapter. The Secretary of Housing and Urban Development may, in his discretion, upon request of the Secretary of Defense or his designee, transfer to the jurisdiction of the Department of Defense without reimbursement any land, improvements, housing, or community facilities constructed or acquired under the provisions of this subchapter and considered by the Department of Defense to be required for the purposes of the said Department. Upon the transfer of any such property to the jurisdiction of the Department of Defense, the laws, rules, and regulations relating to property of the Department of Defense shall be applicable to the property so transferred, and the provisions of this subchapter and the rules and regulations issued thereunder shall no longer apply.
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