Chapter 100. To amend the Army Appropriation Act, approved July 11, 1919, so as to release appropriations for the completion of the acquisition of real estate in certain cases and making additional appropriations therefor
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CHAP. 100.— An Act To amend the Army Appropriation Act, approved July 11, 1919, so as to release appropriations for the completion of the acquisition of real estate in certain cases and making additional appropriations therefor. March 8, 1922.[[H. R. 7158](/us/bill/67/hr/7158).][[Public, No. 169](/us/pl/67/169).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Army.Specific expenditures allowed for real estate requisitioned, etc., for.Vol. 41, p. 453, amended.
That the provisions of the Army Appropriation Act, approved July 11, 1919, making unavailable, with certain exceptions, appropriations for the support of the Army or the Military Establishment for the purchase of real estate, as amended by the Act approved February 28, 1920 (Public Numbered 151, Sixty-sixth Congress), be, and the same are hereby, further amended so as to authorize completion of the acquisition of the real estate hereinafter specified in respect whereof requisition notices hadVol 40, p. 279. been served or given before July 11, 1919, under section 10 of the Act approved August 10, 1917 (Fortieth Statutes at Large, page 276), or m respect whereof agreements had been made for purchase thereof,Unexpended balances covered in. or proceedings begun for condemnation thereof.
All unexpended balances of any appropriations heretofore made for any of such purposes are hereby directed to be covered into the Treasury. For the purpose of carrying out the provisions of this section the followingDesignated authorizations.*Post*, p. 777. amounts are hereby authorized to be appropriated, to wit: For Army supply base, New Orleans, Louisiana, $282,000; for Army supply base, Brooklyn, New York, $1,590,675.52; for Army supply base, Philadelphia, Pennsylvania, $766,937; for Army supply base, Charleston, South Carolina, $159,020; for Army supply base, Norfolk, Virginia, $190,000; for Army reserve depot, New Cumberland, Pennsylvania, $92,500; for Army reserve depot, Schenectady, New York, $3,000; for quartermaster depot, Jeffersonville, Indiana, $225,000; for quartermaster warehouse, Baltimore, Maryland, $100,000; for quartermaster warehouses, Newport News, Virginia, $223,670; for Artillery range, Tobyhanna, Pennsylvania, $7,533.67;
General Hospital Numbered 19, Azalea, North Carolina, $58,000; for site for septic tank, Southern Field, Americus, Georgia, $750; for ordnance depot, Savanna, Illinois, $500; for ordnance depot, Pedricktown, New Jersey, $215,652.90; for sewer right of way for419 housing project, Bethlehem, Pennsylvania, $275; for ordnance storage depot, Middletown, Pennsylvania, $50,000; for Aberdeen Proving Ground, Maryland, $174,591.63. Sec. 2. That the Secretary of War is empowered to carry outCompletion of agreements to purchase authorized.*Post*, p. 777. agreements for the purchase of said real estate, with power to make, if necessary, new agreements for the purpose and to take such other steps as are or hereafter shall appear to be necessary: *Provided, however*,*Proviso*.Relinquishment of property before final payment permitted.
That the Secretary of War may in his discretion at any time before final payment for the property and before payment of 75 per centum of the award therefor, as hereinafter authorized, discontinue any stops taken to acquire any such real estate and execute the necessary quitclaim deed to quiet the title thereto of the private owners; and he is hereby authorized and directed to dismiss allCamp Grant, Winnebago County, Ill.Condemnation proceedings for tracts of land for, to be dismissed.Description. actions pending in court for the condemnation of the following-described tracts of real estate;
The west half of the northwest quarter of section thirteen, township forty-three north, range one east of the third principal meridian; also the southwest quarter of the southwest quarter of section twelve in the same township and range; also the east half of the northeast quarter of section fourteen, in the township and range aforesaid, excepting therefrom the rights of way of the Chicago, Burlington and Quincy and the Chicago, Memphis and Gulf Railroads, the total number of acres to be included within this description being one hundred and ninety-three and nine one-hundredths acres, situated in the county of Winnebago and State of Illinois.
The south two hundred and fifty-three and forty-four one-hundredths feet of the southwest quarter lying east of the east bank of the Rock River of section two, township forty-three north, range one east of the third principal meridian; also the northwest quarter lying east of the east bank of the Rock River of section eleven, town-ship forty-three north, range one east of the third principal meridian; also the south half of the northeast quarter (except railroad rights of way) of section eleven, township forty-three north, range one east of the third principal meridian, but including the right or possibility of reverter of the part or portion of said premises conveyed to the Rockford and Interurban Railway Company by deed dated August 20, 1917, and recorded on September 5, 1917, in book of deeds two hundred and fifty-six, on page 491, in the office of the recorder of Winnebago County, Illinois, m the event the premises so conveyed shall cease to be used for railway purposes; also the north fourteen acres of the southwest quarter lying east of the east bank of the Rock River of section eleven, township forty-three north, range one east of the third principal meridian; all in Winnebago County, Illinois, and containing in all two hundred and twenty-nine and fifty-five one-hundredths acres, more or less.
The north half of the south-west quarter lying east of the east bank of Rock River (except the north fourteen acres thereof), and the north half of the southeast quarter of section eleven, township forty-three north, range one east of the third principal meridian, except that portion thereof conveyed to Illinois, Iowa and Minnesota Railway Company by deed dated April 25, 1905, and recorded May 6, 1905, in book of deeds one hundred and eighty-seven, page 302; also the northwest quarter of the southwest quarter of section twelve, township forty-three north, range one east of the third principal meridian, comprising one hundred and sixty-two and ninety-four one-hundredths acres, more or less, situated in the county of Winnebago in the State of Illinois.
Sec. 3. That the Secretary of War be, and he is hereby, authorizedTemporary leases authorized until buildings, etc., are removed. and directed, at the time of the expiration of the leases now held by the War Department covering the several tracts of land hereinbefore described, to enter into new contracts for the lease of such portions of said land as he deems necessary, and for such length of time as he deems advisable, to enable the War Department to remove all420 Government buildings and other property now located on said premises:*Provisos*.Acquiring land for water plant. *Provided*, That the Secretary of War be, and he is hereby, authorized to purchase from the owner or owners such number of acres as in his judgment is necessary for the operation of the water plant now located thereon, or to lease the same for a term of years as his judgment may direct; and in the event of his inability either to lease or purchase the land necessary for the water plant, from the owner or owners thereof, that he is authorized to acquire theAgreements for removal of Government property, etc. same through condemnation proceedings: *Provided further*, That the owners of said tracts of land, prior to the dismissal of all legal proceedings now pending, shall enter into contract and agreement with the War Department covering all rights of removal of Government property after the expiration of the lease, if not removed before the expiration of the lease; and also for the protection of the Government in relation to any water mains or sewerApproval of awards. pipes which may cross any portion of said land.
He is authorized to approve judicial or administrative awards heretofore made and to have new awards made in respect of any such interest or estate inPayment to owners. said lands as can not be purchased at a reasonable price. If the amount of the award in any case be accepted by the owner or owners in full satisfaction, payment, of such award with interest thereon at the rate of 6 per centum per annum from the date of said award is authorized to be made to the owner or owners of the property upon receiving good and sufficient deeds conveying the title of said landsSuit if award not accepted. to the United States.
If the amount of the award be not accepted in full satisfaction, the Secretary of War is authorized to pay to the owner or owners of the premises 75 per centum of the amount of the award upon the execution of good and sufficient deeds conveying title thereof to the United States without prejudice to his or theirJurisdiction of court. right to recover any balance due; and the owner or owners of the premises shall havethe right to sue in the district court of the United States for the judicial district in which the land lies for the difference between the amount so paid and the just value of the property to which the owner or owners thereof is entitled as determined in said suit, whether the value so determined be more or less than the amountValue of Government improvements excluded from award. of the award: *Provided, however*, That any addition to the value of the premises resulting from the improvements thereto or in the vicinity thereof made by or at the expense of the United States shallCondemnation proceedings on refusal of owner to convey. be excluded from the sum paid to or recovered by theFunds available. owners.
Where the owner or owners of the property refuse or neglect to execute such conveyance and a reasonable time therefor has in the judgment of the Secretary of War expired, or where their title to the premises is in doubt, the Secretary of War may cause condemnation proceedings to be instituted for the acquisition of the title, in which proceedings any addition to the value of the premises resulting from improvements thereto or in the vicinity therefor made by or at the expense of the United States shall not be included in the award to the owners.
The Secretary of War is authorized and directed to pay from the funds made available by this Act the amount awarded by the court in either of the proceedings aforesaid, together with such expense of the proceedings as the court may adjudge to be properly chargeable to the United States. Sec. 4. Norfolk Army Supply Base, Va.Lands of Public Health Service near, returned to Army. That approximately forty-four acres of land in Norfolk County, Virginia, adjacent to the Norfolk Army Supply Base heretofore transferred by the War Department to the Treasury Department for the use of the Public Health Service, pursuant to an Act of (Congress, March 3, 1919 (Fortieth Statutes, 1303), is hereby retransferred to the War Department, and the Secretary of War isSettlement for properties taken during the war. hereby authorized and empowered in making settlement with the ’ Country Club of Norfolk, Virginia, and the New Glencove Links Corporation, from the appropriation herein above provided, of their421 claims for their properties taken by the United States of America subsequent to April 6, 1917, to transfer and convey to said CountryProperty conveyed.
Club of Norfolk, Virginia, and said Glencove Links Corporation such portions of their properties so taken and such other properties or portions thereof otherwise acquired by the War Department in the vicinity of the Norfolk Army Supply Base, as in the judgment of the Secretary of War may be necessary and desirable in effecting such a settlement: *Provided, however*, That, in the judgment of the*Proviso*.Condition. Secretary of War, said property so to be conveyed is no longer required by the United States for military purposes.
Approved, March 8, 1922.