Chapter 35. To authorize condemnation proceedings of lands for military purposes
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/statutes-at-large/vol-40/chapter-35-1044633·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 35.— An Act To authorize condemnation proceedings of lands for military purposes. July 2, 1917.[[S. 2453](/us/bill/65/s/2453).][[Public, No. 26](/us/pl/65/26).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That hereafter the Secretary Lands for military purposes.Condemnation proceedings authorized to acquire.*Post*, pp. 518, 888.of War may cause proceedings to be instituted in the name of the United States, in any court having jurisdiction of such proceedings for the acquirement by condemnation of any land, temporary use thereof or other interest therein, or right pertaining thereto, needed for the site, location, construction, Or prosecution of works for fortifications, coast defenses, and military training camps, such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: *Provided*, That when the owner of *Provisos*.Purchases without suit.such land, interest or rights pertaining thereto shall fix a price for the same, which, in the opinion of the Secretary of War, shall be reasonable, he may purchase or enter into a contract for the use of the same at such price without further delay: *Provided further*, That the Secretary of War is hereby authorized to accept on behalf Acceptance of donations allowed.of the United States donations of land and the interest and rights pertaining thereto required for the above-mentioned purposes: *And provided further*, That when such property is acquired in time of Immediate use in time of war before title vested.war or the imminence thereof upon the filing of the petition for the condemnation of any land, temporary use thereof or other interest therein or right pertaining thereto to be acquired for any of the purposes aforesaid, immediate possession thereof may be taken to the extent of the interest to be acquired and the lands may be occupied and used for military purposes, and the provision of section [R.
S., sec. 355, p. 60](/us/rs/s355/p60).three hundred and fifty-five of the Revised Statutes, providing that no public money shall be expended upon such land until the written opinion of the Attorney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land is located has been given, shall be, and the same are hereby, suspended during the period of the existing emergency. Approved, July 2, 1917.