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10 USC CHAPTER 449 - REAL PROPERTY 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

.

-HEAD-

CHAPTER 449 - REAL PROPERTY

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Sec.

4771. Acceptance of donations: land for mobilization, training,

supply base, or aviation field.

(4772 to 4775. Repealed.)

4776. Emergency construction: fortifications.

4777. Permits: military reservations; landing ferries, erecting

bridges, driving livestock.

4778. Licenses: military reservations; erection and use of

buildings; Young Men's Christian Association.

4779. Use of public property.

4780. Acquisition of buildings in District of Columbia.

AMENDMENTS

1982 - Pub. L. 97-295, Sec. 1(43)(B), Oct. 12, 1982, 96 Stat.

1298, struck out item 4772 ''Reservation and use for air base or

testing field''.

Pub. L. 97-214, Sec. 10(a)(9)(A), July 12, 1982, 96 Stat. 175,

struck out item 4774 ''Construction: limitations''.

1973 - Pub. L. 93-166, title V, Sec. 509(c), Nov. 29, 1973, 87

Stat. 677, substituted ''Construction: limitations'' for

''Construction of quarters: limitations on space and cost'' in item

4774.

1971 - Pub. L. 92-145, title V, Sec. 509(a), Oct. 27, 1971, 85

Stat. 408, struck out item 4775 ''Quarters: officers''.

1958 - Pub. L. 85-861, Sec. 1(105)(B), Sept. 2, 1958, 72 Stat.

1490, added item 4780.

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10 USC Sec. 4771 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

Sec. 4771. Acceptance of donations: land for mobilization,

training, supply base, or aviation field

-STATUTE-

The Secretary of the Army may accept for the United States a gift

of -

(1) land that he considers suitable and desirable for a

permanent mobilization, training, or supply station; and

(2) land that he considers suitable and desirable for an

aviation field, if the gift is from a citizen of the United

States and its terms authorize the use of the property by the

United States for any purpose.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 268.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4771 10:1342. 10:1344. Aug. 29, 1916, ch.

418 (6th and 8th

pars. under

''Office of the

Chief Signal

Officer''), 39

Stat. 622, 623.

-------------------------------

10:1344 (last 40 words) is omitted as executed. The words

''tract or tracts'', in 10:1342 and 1344, are omitted as

surplusage. The words ''and remount station'', in 10:1342, are

omitted, since the property and civilian personnel of the Remount

Service of the Quartermaster Corps were transferred to the

Department of Agriculture by the Act of April 21, 1948, ch. 224, 62

Stat. 197 (7 U.S.C. 436-438). The words ''by the United States for

any purpose'' are substituted for the words ''for any other service

of the United States which may hereafter appear desirable'', in

10:1342. The words ''from any person'', in 10:1344, are omitted as

surplusage.

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10 USC Sec. 4772 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

(Sec. 4772. Repealed. Pub. L. 97-295, Sec. 1(43)(A), Oct. 12, 1982,

96 Stat. 1298)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 268, had provided

that, when ordered by the President, unappropriated public land

could be reserved from entry for an air base, or a field for tests

and experiments, for the Army, and that such land and other

property of the United States could be designed and used for either

of those purposes.

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10 USC Sec. 4774 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

(Sec. 4774. Repealed. Pub. L. 97-214, Sec. 7(1), July 12, 1982, 96

Stat. 173)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 269; Aug. 30,

1957, Pub. L. 85-241, title IV, Sec. 404(a), 71 Stat. 555; Aug. 10,

1959, Pub. L. 86-149, title IV, Sec. 410(a), 73 Stat. 321; July 27,

1962, Pub. L. 87-554, title V, Sec. 504(a), (c), 76 Stat. 239; Nov.

7, 1963, Pub. L. 88-174, title V, Sec. 503, 77 Stat. 325; Dec. 5,

1969, Pub. L. 91-142, title V, Sec. 510(b), 83 Stat. 312; Oct. 27,

1971, Pub. L. 92-145, title V, Sec. 508(a), (c), 85 Stat. 408; Nov.

29, 1973, Pub. L. 93-166, title V, Sec. 509(c), 87 Stat. 677,

related to limitations on construction.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, and applicable to military

construction projects, and to construction and acquisition of

military family housing authorized 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 this title.

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10 USC Sec. 4775 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

(Sec. 4775. Repealed. Pub. L. 92-145, title V, Sec. 509(a), Oct.

27, 1971, 85 Stat. 408)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 269, authorized

assignment of quarters belonging to United States at a post or

station by post quartermaster to officers, grade lieutenant general

down to second lieutenant, 10 to 2 rooms, respectively, and

prohibited other assignment where quarters existed.

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10 USC Sec. 4776 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

Sec. 4776. Emergency construction: fortifications

-STATUTE-

If in an emergency the President considers it urgent, a temporary

fort or fortification may be built on private land if the owner

consents in writing.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 91-393, Sec. 5,

Sept. 1, 1970, 84 Stat. 835.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4776 50:178. Apr. 11, 1898, J.

Res. 21, 30 Stat.

737.

-------------------------------

The word ''important'' is omitted as covered by the word

''urgent''. The words ''upon which such work is to be placed'' are

omitted as surplusage.

AMENDMENTS

1970 - Pub. L. 91-393 struck out ''In such a case, section 175 of

title 50 does not apply.''

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10 USC Sec. 4777 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

Sec. 4777. Permits: military reservations; landing ferries,

erecting bridges, driving livestock

-STATUTE-

Whenever the Secretary of the Army considers that it can be done

without injury to the reservation or inconvenience to the military

forces stationed there, he may permit -

(1) the landing of ferries at a military reservation;

(2) the erection of bridges on a military reservation; and

(3) the driving of livestock across a military reservation.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 96-513, title V,

Sec. 512(23), Dec. 12, 1980, 94 Stat. 2930.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4777 10:1348. July 5, 1884, ch.

214, Sec. 6, 23

Stat. 104.

-------------------------------

The words ''may permit'' are substituted for the words ''shall

have authority, in his discretion, to permit''. The words ''to

permit the extension of State, county, and Territorial roads across

military reservations'' are omitted as superseded by section 2668

of this title. In clause (3), the word ''livestock'' is

substituted for the words ''cattle, sheep or other stock animals''.

AMENDMENTS

1980 - Pub. L. 96-513 substituted ''reservations'' for

''reservation'' in section catchline.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

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10 USC Sec. 4778 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

Sec. 4778. Licenses: military reservations; erection and use of

buildings; Young Men's Christian Association

-STATUTE-

Under such conditions as he may prescribe, the Secretary of the

Army may issue a revocable license to the International Committee

of Young Men's Christian Associations of North America to erect and

maintain on military reservations, inside the United States and the

Territories, Commonwealths, and possessions, buildings needed by

that organization for the promotion of the social, physical,

intellectual, and moral welfare of the members of the Army on those

reservations.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 270.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4778 10:1346. May 31, 1902, ch.

943, 32 Stat. 282.

-------------------------------

The words ''may issue'' are substituted for the words ''Authority

is given to * * * in his discretion, to grant permission''. The

words ''Under such conditions as he may prescribe'' are substituted

for the words ''under such regulations as the Secretary of the Army

may impose''. The words ''members of the Army'' are substituted

for the word ''garrisons''. The words ''the Territories,

Commonwealths, and possessions'' are substituted for the words ''or

its island possessions'' for clarity.

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10 USC Sec. 4779 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

Sec. 4779. Use of public property

-STATUTE-

(a) When the economy of the Army so requires, the Secretary of

the Army shall establish military headquarters in places where

suitable buildings are owned by the United States.

(b) No money appropriated for the support of the Army may be

spent for post gardens or Army exchanges. However, this does not

prevent Army exchanges from using public buildings or public

transportation that, in the opinion of the office or officer

designated by the Secretary, are not needed for other purposes.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 270; Pub. L. 99-661, div. B,

title VII, Sec. 2721, Nov. 14, 1986, 100 Stat. 4042.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4779(a) 4779(b) 10:1332. 10:1345. June 23, 1879, ch.

35, Sec. 8, 21

Stat. 35.

4779(c) 10:1335. Aug. 1, 1914, ch.

223 (2d par. under

''Quartermaster

Corps''), 38 Stat.

629.

July 16, 1892, ch.

195 (last proviso

under

''Quartermaster's

Department''), 27

Stat. 178; June 28,

1950, ch. 383, Sec.

402(c), 64 Stat.

227.

-------------------------------

In subsection (a), the words ''United States'' are substituted

for the word ''Government''.

In subsection (b), the words ''suitable space'' are substituted

for the words ''proper and suitable room or rooms''. The words

''there is a'' are substituted for the words ''have been

established''.

AMENDMENTS

1986 - Subsecs. (b), (c). Pub. L. 99-661 redesignated subsec. (c)

as (b) and struck out former subsec. (b) which directed the

Secretary to assign suitable space for postal purposes at each

military post where there was a post office.

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10 USC Sec. 4780 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 449 - REAL PROPERTY

-HEAD-

Sec. 4780. Acquisition of buildings in District of Columbia

-STATUTE-

(a) In time of war or when war is imminent, the Secretary of the

Army may acquire by lease any building, or part of a building, in

the District of Columbia that may be needed for military purposes.

(b) At any time, the Secretary may, for the purposes of the

Department of the Army, requisition the use and take possession of

any building or space in any building, and its appurtenances, in

the District of Columbia, other than -

(1) a dwelling house occupied as such;

(2) a building occupied by any other agency of the United

States; or

(3) space in such a dwelling house or building.

The Secretary shall determine, and pay out of funds appropriated

for the payment of rent by the Department of the Army, just

compensation for that use. If the amount of the compensation is

not satisfactory to the person entitled to it, the Secretary shall

pay 75 percent of it to that person, and the claimant is entitled

to recover by action against the United States an additional amount

that, when added to the amount paid by the Secretary, is determined

by the court to be just compensation for that use.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(105)(A), Sept. 2, 1958, 72 Stat.

1489.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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4780(a) 40:37. July 9, 1918, ch.

143 (3d proviso

under ''Barracks

and Quarters''), 40

Stat. 861.

4780(b) 40:41. July 8, 1918, ch.

139 (2d par. under

''War

Department''), 40

Stat. 826.

-------------------------------

In subsection (a), the words ''may acquire by lease'' are

substituted for the words ''is authorized, in his discretion, to

rent or lease''. The word ''needed'' is substituted for the word

''required''.

In subsection (b), the words ''At any time'' are inserted for

clarity. The word ''may'' is substituted for the words ''is

authorized''. The word ''agency'' is substituted for the word

''branch''. Clause (3) is inserted for clarity. The word

''determine'' is substituted for the word ''ascertain''. The words

''out of funds appropriated for the payment of rent by'' are

substituted for the words ''within the limits of the appropriations

for rent made by any act making appropriations for''. The word

''is'' is substituted for the word ''be''. The words ''so

ascertained'' and ''in the manner provided by sections 41(20) and

250 of Title 28'' are omitted as surplusage, since those sections

were repealed in 1948 and replaced by sections 1346, 1491, 1496,

1501, 1503, 2401, 2402, and 2501 of that title.

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