10 U.S.C. § 2663 — Land acquisition authorities

Page 2060 TITLE 10—ARMED FORCES § 2663 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by section 4321(b)(21) of Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 effective Oct. 1, 1988, see section 2702 of Pub. L. 100–456, set out as a note under section 2391 of this title. REDUCTION OR REALIGNMENT OF TRAINING BASES Pub. L. 95–485, title VI, § 602, Oct. 20, 1978, 92 Stat. 1617, prohibited any action to implement any substan- tial reduction or force structure realignment of the composite of installations, posts, camps, stations, and bases that had as a primary or secondary mission the conduct of formal entry level, advanced individual, or specialty training as a part of the fiscal year 1979 De- fense manpower program unless certain criteria were complied with. CLOSING OF FACILITIES; CLOSURES OR REALIGNMENTS PUBLICLY ANNOUNCED AFTER SEPTEMBER 30, 1977 Pub. L. 95–82, title VI, § 612(c), Aug. 1, 1977, 91 Stat. 380, provided that: ‘‘Section 611 of the Military Con- struction Authorization Act, 1966 (Public Law 89–188; 10 U.S.C. 2662 note), and section 612 of the Military Con- struction Authorization Act, 1977 (Public Law 94–431; 90 Stat. 1366) [which was not classified to the Code], shall be inapplicable in the case of any closure of a military installation, and any realignment with respect to a military installation, which is first publicly announced after September 30, 1977.’’ CLOSING OF FACILITIES; REPORTS TO CONGRESS Pub. L. 89–188, title VI, § 611, Sept. 16, 1965, 79 Stat. 818, as amended by Pub. L. 89–568, title VI, § 613, Sept. 12, 1966, 80 Stat. 757, required a report to Congress and a waiting period in connection with the closing of De- fense Department facilities, prior to repeal by Pub. L. 97–214, § 7(7), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2663. Land acquisition authorities (a) ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILITARY PURPOSES.—(1) Subject to subsection (f), the Secretary of a military de- partment may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any in- terest in land, including temporary use, needed for— (A) the site, construction, or operation of fortifications, coast defenses, or military training camps; (B) the construction and operation of plants for the production of nitrate and other com- pounds, and the manufacture of explosives or other munitions of war; or (C) the development and transmission of power for the operation of plants under sub- paragraph (B). (2) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under para- graph (1), take and use the land to the extent of the interest sought to be acquired. (b) ACQUISITION BY PURCHASE IN LIEU OF CON- DEMNATION.—The Secretary of the military de- partment concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable. (c) ACQUISITION OF LOW-COST INTERESTS IN LAND.—(1) The Secretary of a military depart- ment may acquire any interest in land that— (A) the Secretary determines is needed in the interest of national defense; and (B) does not cost more than $4,000,000, exclu- sive of administrative costs and the amounts of any deficiency judgments. (2) The Secretary of a military department may acquire any interest in land that— (A) the Secretary determines is needed sole- ly to correct a deficiency that is life-threat- ening, health-threatening, or safety-threat- ening; and (B) does not cost more than $1,500,000, exclu- sive of administrative costs and the amounts of any deficiency judgments. (3) This subsection does not apply to the ac- quisition, as a part of the same project, of more than one parcel of land unless the parcels are noncontiguous, or, if contiguous, unless the total cost is not more than $750,000, in the case of an acquisition under paragraph (1), or $1,500,000, in the case of an acquisition under paragraph (2). (4) Appropriations available to the Depart- ment of Defense for operation and maintenance or construction may be used for the acquisition of land or interests in land under this sub- section. (d) ACQUISITION OF INTERESTS IN LAND WHEN NEED IS URGENT.—(1) The Secretary of a mili- tary department may acquire any interest in land in any case in which the Secretary deter- mines that— (A) the acquisition is needed in the interest of national defense; (B) the acquisition is required to maintain the operational integrity of a military instal- lation; and (C) considerations of urgency do not permit the delay necessary to include the required ac- quisition in an annual Military Construction Authorization Act. (2) Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this subsection, the Secretary shall submit, in an electronic medium pursuant to section 480 of this title, to the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives a notice containing a description of the property and interest to be acquired and the reasons for the acquisition. (3) Appropriations available for military con- struction may be used for the purposes of this subsection. (e) SURVEY AUTHORITY; ACQUISITION METH- ODS.—Authority provided the Secretary of a Page 2061 TITLE 10—ARMED FORCES § 2663 military department by law to acquire an inter- est in real property (including a temporary in- terest) includes authority— (1) to make surveys; and (2) to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise. (f) ADVANCE NOTICE OF USE OF CONDEMNA- TION.—(1) Before commencing any legal pro- ceeding to acquire any interest in land under subsection (a), including acquisition for tem- porary use, by condemnation, eminent domain, or seizure, the Secretary of the military depart- ment concerned shall— (A) pursue, to the maximum extent prac- ticable, all other available options for the ac- quisition or use of the land, such as the pur- chase of an easement or the execution of a land exchange; and (B) submit to the congressional defense com- mittees a report containing— (i) a description of the land to be acquired; (ii) a certification that negotiations with the owner or owners of the land occurred, and that the Secretary tendered consider- ation in an amount equal to the fair market value of the land, as determined by the Sec- retary; and (iii) an explanation of the other ap- proaches considered for acquiring use of the land, the reasons for the acquisition of the land, and the reasons why alternative acqui- sition strategies are inadequate. (2) The Secretary concerned may have pro- ceedings brought in the name of the United States to acquire the land after the end of the 21-day period beginning on the date on which the report is received by the committees in an elec- tronic medium pursuant to section 480 of this title. (g) EXCEPTION TO ADVANCE NOTICE REQUIRE- MENT.—If the Secretary of a military depart- ment determines that the use of condemnation, eminent domain, or seizure to acquire an inter- est in land is required under subsection (a) to satisfy a requirement vital to national security, and that any delay would be detrimental to na- tional security or the protection of health, safe- ty, or the environment, the Secretary may have proceedings brought in the name of the United States to acquire the land in advance of submit- ting the report required by subsection (f)(1)(B). However, the Secretary shall submit the report not later than seven days after commencement of the legal proceedings with respect to the land. (h) LAND ACQUISITION OPTIONS IN ADVANCE OF MILITARY CONSTRUCTION PROJECTS.—(1) The Sec- retary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project of the military de- partment under the jurisdiction of the Sec- retary. (2) As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the military department under the jurisdiction of the Secretary for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property. (Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 85–861, § 33(a)(14), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 109–163, div. B, title XXVIII, § 2821(a), Jan. 6, 2006, 119 Stat. 3511; Pub. L. 109–364, div. B, title XXVIII, § 2821(b), Oct. 17, 2006, 120 Stat. 2474; Pub. L. 110–181, div. B, title XXVIII, § 2822(a), Jan. 28, 2008, 122 Stat. 544; Pub. L. 111–383, div. A, title X, § 1075(g)(6), Jan. 7, 2011, 124 Stat. 4377; Pub. L. 115–91, div. B, title XXVIII, § 2811(b), (c), Dec. 12, 2017, 131 Stat. 1848; Pub. L. 118–159, div. B, title XXVIII, § 2804(b), Dec. 23, 2024, 138 Stat. 2248.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2663(a) ..... 2663(b) ..... 2663(c) ..... 50:171 (less provisos). 50:171 (last proviso). 50:171 (1st proviso). July 2, 1917, ch. 35; re- stated Apr. 11, 1918, ch. 51, 40 Stat. 518. 2663(d) ..... 50:171 (2d proviso). [50:171 is made applicable to the Navy by 50:171–1 (less 16th through 21st words)]. Oct. 25, 1951, ch. 563, § 101 (less 22d through 43d words), 65 Stat. 641. In subsection (a), the words ‘‘brought * * * in a court of proper jurisdiction’’ are substituted for the words ‘‘instituted * * * in any court having jurisdiction of such proceedings’’. The words ‘‘any interest in land, in- cluding temporary use’’ are substituted for the words ‘‘any land, temporary use thereof or other interest therein, or right pertaining thereto’’. The words ‘‘relat- ing to suits for the condemnation of property’’ are omitted as surplusage. The last sentence is substituted for 50:171 (words between semicolon and first proviso). The Act of July 2, 1917, ch. 35, as restated by the Act of April 11, 1918, ch. 51 (last 77 words), are not contained in 50:171. They are also omitted from the revised sec- tion as executed. In subsection (a)(1), the word ‘‘location’’ is omitted as surplusage. The words ‘‘operation of’’ are substituted for the words ‘‘prosecution of works for’’. In subsection (b), the words ‘‘That when such prop- erty is acquired’’ are omitted as surplusage. The words ‘‘under subsection (a)’’ are substituted for the words ‘‘of any land, temporary use thereof or other use there- in or right pertaining thereto to be acquired for any of the purposes aforesaid’’. The words ‘‘take and use’’ are substituted for the words ‘‘possession thereof may be taken * * * and used for military purposes’’. In subsection (c), the words ‘‘as soon as the owner fixes a price for it’’ are substituted for the words ‘‘That when the owner of such land, interest, or rights per- taining thereto shall fix a price for the same’’. The word ‘‘considers’’ is substituted for the words ‘‘which in the opinion’’. The words ‘‘contract for or buy’’ are sub- stituted for the words ‘‘purchase or enter into a con- tract’’. The words ‘‘without further delay’’ are omitted as surplusage. In subsection (d), the words ‘‘a gift of any interest in land * * * for any purpose named in subsection (a)’’ are substituted for 50:171 (last 15 words of 2d proviso). 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 Proce- dure 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. Page 2062 TITLE 10—ARMED FORCES § 2664 Editorial Notes CODIFICATION The text of section 2672, part of which was transferred to this section, redesignated subsec. (c), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(2)–(5), was based on Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1459; amended Pub. L. 87–651, title I, § 112(a), Sept. 7, 1962, 76 Stat. 511; Pub. L. 92–145, title VII, § 707(2), (3), Oct. 27, 1971, 85 Stat. 411; Pub. L. 96–418, title VIII, § 806(a), Oct. 10, 1980, 94 Stat. 1777; Pub. L. 99–167, title VIII, § 810(a), (b)(1), Dec. 3, 1985, 99 Stat. 989, 990; Pub. L. 99–661, div. A, title XIII, § 1343(a)(16), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–456, div. B, title XXVIII, § 2804, Sept. 29, 1988, 102 Stat. 2115; Pub. L. 105–85, div. B, title XXVIII, § 2811(a), (b)(1), Nov. 18, 1997, 111 Stat. 1991; Pub. L. 108–136, div. B, title XXVIII, § 2811(a)–(b)(2), Nov. 24, 2003, 117 Stat. 1724, 1725; Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(1), Oct. 28, 2004, 118 Stat. 2130. The text of section 2672a of this title, which was transferred to this section, redesignated subsec. (d), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(6)–(9), was based on Pub. L. 94–107, title VI, § 607(8), Oct. 7, 1975, 89 Stat. 566; amended Pub. L. 98–525, title XIV, § 1405(39), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(29), Nov. 24, 2003, 117 Stat. 1599; Pub. L. 108–375, div. A, title X, § 1084(d)(23), Oct. 28, 2004, 118 Stat. 2062. The text of section 2676(b) of this title, which was transferred to this section, redesignated subsec. (e), and amended by Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(10), (11), was based on Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 97–214, § 5, July 12, 1982, 96 Stat. 170. AMENDMENTS 2024—Subsec. (c)(1)(B). Pub. L. 118–159 directed substi- tution of ‘‘$4,000,000’’ for the dollar amount in subsec. (c)(1), which was executed by making the substitution for ‘‘$750,000’’ in subsec. (c)(1)(B). 2017—Subsec. (d)(2). Pub. L. 115–91, § 2811(b), inserted ‘‘, in an electronic medium pursuant to section 480 of this title,’’ after ‘‘submit’’ and substituted ‘‘a notice’’ for ‘‘written notice’’. Subsec. (f)(2). Pub. L. 115–91, § 2811(c), struck out ‘‘or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided’’ after ‘‘received by the committees’’. 2011—Subsec. (a)(1). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, § 2821(b)(1). See 2006 Amendment note below. 2008—Subsec. (h). Pub. L. 110–181 added subsec. (h). 2006—Pub. L. 109–163, § 2821(a)(1)(A), substituted ‘‘Land acquisition authorities’’ for ‘‘Acquisition’’ in section catchline. Subsec. (a). Pub. L. 109–163, § 2821(a)(1)(B), (C), in- serted ‘‘ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILITARY PURPOSES.—(1)’’ before ‘‘The Sec- retary’’ in introductory provisions, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), in subpar. (C), substituted ‘‘subparagraph (B)’’ for ‘‘clause (2)’’, redesignated subsec. (b) as par. (2) and substituted ‘‘paragraph (1)’’ for ‘‘subsection (a)’’. Subsec. (a)(1). Pub. L. 109–364, § 2821(b)(1), as amended by Pub. L. 111–383, substituted ‘‘Subject to subsection (f), the Secretary’’ for ‘‘The Secretary’’ in introductory provisions. Subsec. (b). Pub. L. 109–163, § 2821(a)(1)(D), redesig- nated subsec. (c) as (b) and inserted heading. Pub. L. 109–163, § 2821(a)(1)(C), redesignated subsec. (b) as subsec. (a)(2). Subsec. (c). Pub. L. 109–163, § 2821(a)(2)–(5), redesig- nated pars. (1) and (2) of subsec. (a) and subsecs. (b) and (d) of section 2672 of this title as pars. (1), (2), (3), and (4), respectively, of subsec. (c) of this section, inserted subsec. heading, in par. (3), substituted ‘‘This sub- section’’ for ‘‘This section’’, ‘‘paragraph (1)’’ for ‘‘sub- section (a)(1)’’, and ‘‘paragraph (2)’’ for ‘‘subsection (a)(2)’’, in par. (4), substituted ‘‘this subsection’’ for ‘‘this section’’, and struck out headings for former sub- secs. (a), (b), and (d) of section 2672. Pub. L. 109–163, § 2821(a)(1)(D), redesignated subsec. (c) as (b). Subsec. (d). Pub. L. 109–163, § 2821(a)(6)–(9), redesig- nated subsecs. (a), (c), and (b) of section 2672a of this title as pars. (1), (2), and (3), respectively, of subsec. (d) of this section, inserted subsec. heading, in par. (1), re- designated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (2), substituted ‘‘this subsection’’ for ‘‘this section’’, and in par. (3), substituted ‘‘this sub- section’’ for ‘‘this section’’ in first sentence and struck out second sentence which read as follows: ‘‘The au- thority to acquire an interest in land under this section includes authority to make surveys and acquire inter- ests in land (including temporary use), by gift, pur- chase, exchange of land owned by the United States, or otherwise.’’ Pub. L. 109–163, § 2821(a)(1)(E), struck out subsec. (d) which read as follows: ‘‘The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including tem- porary use, for any purpose named in subsection (a).’’ Subsec. (e). Pub. L. 109–163, § 2821(a)(10), (11), redesig- nated subsec. (b) of section 2676 of this title as subsec. (e) of this section and inserted heading. Subsecs. (f), (g). Pub. L. 109–364, § 2821(b)(2), added sub- secs. (f) and (g). 1958—Subsec. (a). Pub. L. 85–861 struck out provisions requiring proceedings under this subsection to be in ac- cordance with the law of the State in which the suit is brought. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title X, § 1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of Oct. 17, 2006, and as if in- cluded in Pub. L. 109–364 as enacted. 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. SENSE OF CONGRESS Pub. L. 109–364, div. B, title XXVIII, § 2821(a), Oct. 17, 2006, 120 Stat. 2473, provided that: ‘‘It is the sense of Congress that the Secretary of Defense, when acquiring land for military purposes, should— ‘‘(1) make every effort to acquire the land by means of purchases from willing sellers; and ‘‘(2) employ condemnation, eminent domain, or sei- zure procedures only as a measure of last resort in cases of compelling national security requirements or at the request of the seller.’’ § 2664. Limitations on real property acquisition (a) AUTHORIZATION FOR ACQUISITION RE- QUIRED.—No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Ad- ministrator of General Services to acquire prop- erty by the exchange of Government property pursuant to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (b) COMMISSIONS ON LAND PURCHASE CON- TRACTS.—The maximum amount payable as a commission on a contract for the purchase of