42 U.S.C. § 2333 — Transfer of priorities

Page 5590 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2331 (Aug. 4, 1955, ch. 543, ch. 3, § 36, 69 Stat. 474; July 25, 1956, ch. 731, § 1, 70 Stat. 653; Pub. L. 87–719, § 6, Sept. 28, 1962, 76 Stat. 664.) Editorial Notes AMENDMENTS 1962—Subsec. (b). Pub. L. 87–719 substituted author- ization of a credit for improvements by occupant of sin- gle family or duplex house for such improvements by junior occupant of duplex house. 1956—Subsec. (a). Act July 25, 1956, authorized an im- provement credit for commercial property. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. SUBCHAPTER III—CLASSIFICATION OF PROPERTY AND PRIORITIES § 2331. Classification of property (a) Property within each community Immediately upon passage of this chapter, or, in the case of Los Alamos, upon its inclusion within this chapter, the Commission shall clas- sify all real property (including such improve- ments and such fixtures, equipment and other personal property incident thereto as it may deem appropriate) within each community in ac- cordance with such classifications as shall in- sure reasonably similar treatment for reason- ably similar property. The classification shall be made by such procedures, consistent with this subchapter, as it shall determine. (b) Property at or in vicinity of each community The Commission may, but shall not be re- quired to, classify any other real property at or in the vicinity of the community, whether with- in or outside of that community. (c) Residential structures within each commu- nity Prior to the date any residential property is first offered for sale at Los Alamos, the Commis- sion shall further classify each residential struc- ture within the community of Los Alamos ei- ther as a single family house, a duplex house, an apartment house, a dormitory, or as a residen- tial structure containing two or more separate single family units and shall post, at the offices of the Commission at Los Alamos, a list, avail- able for public inspection at reasonable times, showing the classification of each such residen- tial structure. For the purposes of this chapter, each such residential structure will thereafter be deemed to be a single family house, a duplex house, an apartment house, a dormitory, or a residential structure containing two or more separate single family units in accordance with its classification. In determining the classifica- tion of each such residential structure con- taining two or more single family units, the Commission shall consider (1) the practicability of selling separately the single family units, and (2) the insurability of mortgages under section 1715n(a) of title 12. (Aug. 4, 1955, ch. 543, ch. 4, § 41, 69 Stat. 475; Pub. L. 87–719, §§ 7, 8, Sept. 28, 1962, 76 Stat. 664.) Editorial Notes AMENDMENTS 1962—Subsec. (a). Pub. L. 87–719, § 7, inserted ‘‘, or, in the case of Los Alamos, upon its inclusion within this chapter’’ after ‘‘chapter’’. Subsec. (c). Pub. L. 87–719, § 8, added subsec. (c). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2332. Priorities; uniformity; preferences; im- pairment of rights The Commission shall establish, by rule or regulation, a detailed system of reasonable and fair priority rights applicable to the sale of Gov- ernment-owned property to private purchasers at each community. The priorities shall— (a) be uniform in each class or subclass of property; (b) give such preference to occupants and project-connected persons and to incoming employees of the Commission, of a contractor, or of a licensee as the Commission finds nec- essary or desirable, giving due consideration to the following factors: (1) The retention and recruitment of per- sonnel essential to the atomic energy pro- gram; (2) The minimization of dislocations with- in the community; (3) The expeditious accomplishment of the disposal program; and (4) The desirability of encouraging private firms to locate or remain in the community; (c) give the occupant of a Government- owned single family house, and the senior oc- cupant of a duplex house, at least ninety days in which to exercise the first right of priority; (d) permit persons who have formerly been occupants, project-connected persons, or in- habitants of the community, upon application therefor, to have such priority as the Commis- sion finds to be fair and equitable; and (e) not impair any rights, including purchase rights, conferred by existing leases and cov- enants. (Aug. 4, 1955, ch. 543, ch. 4, § 42, 69 Stat. 475.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2333. Transfer of priorities No priority shall be transferable, except— (a) a husband and wife may exercise a pri- ority in their joint names; (b) a religious organization may exercise the priority which would otherwise belong to its Page 5591 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2343 priest, minister, or rabbi, regardless of wheth- er that position happens to be filled at the time of the exercise of the priority; (c) two or more priority holders having a common interest in a building or location may assign their interests to a single assignee; and (d) the Commission may permit such other transfers as it finds to be fair and equitable. (Aug. 4, 1955, ch. 543, ch. 4, § 43, 69 Stat. 476.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. SUBCHAPTER IV—SALES OF PROPERTY FOR PRIVATE USE § 2341. Applicability of subchapter The provisions of this subchapter shall be made applicable at each community as soon as the Commission makes a finding in writing that there is a reasonable possibility that the Gov- ernment-owned real property at such commu- nity can be disposed of in accordance with the provisions of this subchapter. (Aug. 4, 1955, ch. 543, ch. 5, § 51, 69 Stat. 476.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2342. Disposal of property (a) Property under lease or license agreement The Commission shall offer for disposal all real property (including such improvements thereon and such fixtures, equipment, and other personal property incident thereto as it may deem appropriate) within the community which is presently under lease or license agreement with the Commission or its community manage- ment contractor for residential, commercial or industrial, agricultural, church or other non- profit use, or which, in the opinion of the Com- mission, is appropriate for such use, other than— (1) structures which in the opinion of the Commission should be removed from the com- munity because of their unsatisfactory type of construction, condition, or location; or (2) property which in the opinion of the Commission should be transferred pursuant to subchapters VI or VII; or (3) property which in the opinion of the Commission should be retained by the Com- mission for its own use. (b) Discretionary disposal of other real property The Commission may, but shall not be re- quired to, dispose of any other real property at the community, whether within or outside of that community. (c) Terms and conditions; impairment of rights Such property shall be disposed of on such terms and conditions, consistent with this sub- chapter, as the Commission shall prescribe in the national interest, and without regard to any preferences or priorities whatever except those provided for pursuant to this chapter. Transfers by the Commission of such property shall not impair rights under existing leases and cov- enants, including any purchase rights therein conferred. (Aug. 4, 1955, ch. 543, ch. 5, § 52, 69 Stat. 476; Pub. L. 87–719, § 9, Sept. 28, 1962, 76 Stat. 665.) Editorial Notes AMENDMENTS 1962—Subsec. (a). Pub. L. 87–719 added cl. (3). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections. § 2343. Sales (a) Notice to priority holders Where rights of priority have been granted pursuant to the provisions of this chapter to Government-owned property, it shall be offered for sale to priority purchaser by giving notice to those eligible for such priority. Such notice shall (1) be in such manner as the Commission shall prescribe, (2) identify the property to be sold, and (3) state the terms and conditions of sale and the date of the offer which, in the case of occupants of single family or duplex houses, shall expire not less than ninety days after the date of the offer. (b) Sale of property to highest bidder Any property (other than church property) classified for sale under section 2331 of this title and offered for sale under section 2342 of this title, as to which no priority right has been con- ferred, or as to which all priority rights have ex- pired, shall be advertised for sale to the highest bidder, subject to the right of the Commission to reject any or all bids. No bid shall be accepted which is below the appraised value or, in the case of Government-owned single and duplex houses is below 85 per centum of the appraised value. (c) Disposal of property not sold at auction As to any property which has not been sold under subsection (b) within ninety days after the first advertisement for sale under such sub- section the Commission may make such disposi- tion, on such terms and conditions, as it may deem appropriate. (d) Church property Property for use of churches, in respect of which all priority rights have expired, may be disposed of by advertising and competitive bid, or by negotiated sale or other transfer at such prices, terms, and conditions as the Commission shall determine to be fair and equitable. (Aug. 4, 1955, ch. 543, ch. 5, § 53, 69 Stat. 476; Pub. L. 87–174, Aug. 30, 1961, 75 Stat. 409; Pub. L. 87–719, §§ 10, 11, Sept. 28, 1962, 76 Stat. 665.)