Chapter 255. Authorizing the sale of real property no longer required for military purposes
3,062 words·~14 min read·
/statutes-at-large/vol-43/chapter-255-1708660·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 255.— An Act Authorizing the sale of real property no longer required for military purposes. June 4, 1924.[[H. R. 9124](/us/bill/68/hr/9124).][[Public, No. 193](/us/pl/68/193).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Lands for military purposes. That the Secretary 383of War be, and he is hereby, authorized to sell or cause to be sold,Sale of designated tracts, etc., no longer needed therefor. either in whole or in two or more parts as he may deem best for interests of the United States, the several tracts or parcels of real property hereinafter designated, or any interest therein or appurtenant thereto, which said tracts or parcels are no longer needed for military purposes, and to execute and deliver in the name of the United States and in its behalf any and all contracts, conveyances, or other instruments necessary to effectuate such sale. first corps area Maine:
Narrows Island Reservation, Boothbay, Lincoln County.Maine. Massachusetts: Fort Phoenix, near Fair Haven, Bristol County;Massachusetts. Springfield Armory, two small tracts. Rhode Island: Fort Greene, Newport.Rhode Island. second corps area New York: Fort Montgomery, Rouses Point, Clinton County; Sag Harbor Reservation, SagNew York. Harbor, Long Island, Suffolk County. fourth corps area North Carolina: Fort. Caswell Military Reservation, near South-port,North Carolina. on the Atlantic coast; less fifty-seven acres, more or less, required by the Treasury Department for Coast Guard purposes.
South Carolina: Bay Point Reservation on Phillips Island, BeaufortSouth Carolina. County; Hilton Head Reservation at south entrance to Port Royal Sound, Beaufort County. Florida: Gasparilla Military Reservation, entrance to CharlotteGasparilla Reservation, Fla.*Proviso*.Only rights of United States to be sold. Bay: *Provided*, That the appraisal and sale of this reservation shall cover only the right, title, and interest of the United States in the lands and public improvements thereon, without in any way altering or modifying any rights heretofore created therein.
Alabama: Fort Gaines, on east end of Dauphin Island, Mobile Alabama.County. Tennessee: Park Field, Millington.Tennessee. That the Secretary of War be, and he is hereby, authorized toCamp Jackson, S. C.Conveyance to trustees of Columbia Cantonment Lands of designated tracts in. convey by appropriate quitclaim deed to nine trustees and their successors to be selected by the Chamber of Commerce of Columbia, South Carolina, and known as “Trustees of Columbia Cantonment Lands,” approximately one thousand one hundred and ninety-two acres of land within the United States Military Reservation at Camp Jackson, South Carolina, to wit:
The following two tracts of land:Description. Tract numbered 1: Beginning at a stone corner of the Powell,Tract No. 1. Hampton and United States Government lands, thence along the Hampton lands, north sixty-one degrees forty-five, minutes west three thousand and twenty-four feet to a stone; thence north forty-seven degrees five minutes west one thousand nine hundred and fifty-six feet, to a stone; thence north sixty-one degrees forty minutes west seven hundred and forty feet to a stone; thence north twenty-seven degrees twenty minutes east across Government lands two thousand feet to a stone: thence south eighty-seven degrees forty minutes east three hundred and eighty-five feet to a stone; near southeast corner of Camp Jackson incinerator; thence north six degrees twenty minutes east nine hundred and seventy-five and five-tenths feet to a stone; thence north forty-two degrees twenty minutes east eight hundred and fifteen feet to a stone; thence north eighty-two degrees twenty minutes east eight hundred and twenty-eight feet to a 384stone; thence north sixty-one degrees thirty-five minutes east one thousand four hundred and thirty feet to a stone at intersection of old roads; thence south seventy-two degrees forty minutes east one thousand three hundred and fifty-five feet to a stone; thence south eighty-five degrees forty minutes east two thousand seven hundred and ninety-eight and five-tenths feet to a stone; thence south twenty-seven degrees fifty minutes west two thousand six hundred and fifty-four feet to a stone; corner of Powell’s lands, thence along Powell lands south seventy-nine degrees thirty-five minutes west one thousand two hundred and ninety feet to a stone; thence south eleven degrees forty minutes west four thousand one hundred and two feet to a stone, point of beginning, containing in all seven hundred and five and twelve one-hundredths acres.
Tract numbered 2: Tract No. 2. Beginning at a stone on the eastern side of the Camden public road near the six-mile post; thence along Camden public road south eighty-nine degrees forty-five minutes west eight hundred feet to a stone; thence along the Camden public road south eighty-seven degrees thirty-five minutes west nine hundred and eighty-five feet to a stone; thence along the Camden public road south seventy-eight degrees forty-five minutes west one hundred and eighty-four feet to a stone; thence south twelve degrees fifty minutes east nine hundred and eighty-five feet to a stone; thence north eighty-five degrees forty-five minutes east one thousand two hundred and forty feet to a stone; thence south sixty-three degrees five minutes east one thousand nine hundred and eighty-four feet to a stone six feet from paved road; thence in an easterly and northerly direction nine hundred and twenty-two feet along paved road to a stone six feet from paving; thence south eighty-two degrees twenty minutes east one thousand and fifty feet to a stone; thence north seventy-three degrees fifty minutes east one thousand three hundred and twenty-five feet to a stone; thence north eight degrees twenty minutes east two hundred and seventy feet to a stone; thence south eighty-six degrees east four hundred and eight feet to a stone; thence south seven degrees thirty minutes west two hundred and seventeen feet to a stone; thence south sixty-four degrees twenty-five minutes west five hundred and seventy feet to a stone; thence south fifty-three degrees twenty-five minutes west one thousand four hundred and sixty feet to a stone; thence south fifty degrees twenty-five minutes east three hundred and twenty-three feet to a stone; thence north seventy-one degrees fifty-five minutes east one thou-sand three hundred feet to a stone: thence north fifty-two degrees fifteen minutes east two thousand one hundred and thirty-one feet to a stone on the north side of the Ancrum Ferry Road; thence north three degrees forty minutes east four thousand three hundred and fifteen feet to a stone on the eastern side of the Camden public road; thence along said Camden public road south thirty-eight degrees thirty minutes west two hundred and eleven feet to a stone; thence south thirty-six degrees fifty-five minutes west one thousand and thirty-nine feet to a stone; thence south fifty-five degrees fifty minutes west six hundred and twenty feet to a stone near the seven-mile post; thence south eighty-seven degrees fifty-five minutes west seven hundred and seventy-nine feet to a stone; thence south sixty-nine degrees forty minutes west four hundred and ninety-eight feet to a stone; thence south fifty-five degrees fifty-five minutes west one thousand three hundred and thirty feet to a stone on the southerly side of the Ancrum Ferry Road; thence south seventy-five degrees twenty minutes west eight hundred and eleven feet to a stone near branch; thence south seventy degrees fifteen minutes west one thousand two hundred and sixty-five feet to a stone; thence south sixty-eight degrees twenty-five minutes west eight hundred and ninety 385feet to a stone near branch; thence north eighty-nine degrees twenty minutes west one hundred and sixty-six feet to a stone, the point of beginning, containing in all four hundred and eighty-six and eighty-eight one hundredths acres; the land so conveyed being approximately equal in area to the lands donated to the United States by the said chamber of commerce as a part of the site on the said reservation by deeds executed by J.
Erwin Belser, trustee, dated July 20, 1917, and November 16, 1917: *Provided*, That prior to such conveyance*Proviso*.Rights of way to be reserved. by the Secretary of War there shall be conveyed to the United States by appropriate deed all the rights of way and other rights reserved in the aforementioned deeds of donation to the United States to the extent that the Secretary of War may require. That the Secretary of War is hereby further authorized, in hisRevocable license of rights to use existing United States road-ways and railway lines, etc. discretion, to grant by revocable license to the said trustees, their successors or assigns, subject to such conditions and restrictions as he may deem necessary to protect the interests of the United States and to such regulations as he may from time to time prescribe, the right to use, in common with the United States, the existing road-ways and railway lines of the United States, steam or electric, now located upon and extending over and across the reservation, and also the right to occupy and use such other lands within the said reservation as he may designate for the construction and operation thereon of steam or electric railway lines to extend to the lands to be conveyed to the said trustees as hereinabove described, the United States to have the right to use without charge any railway lines or tracks so constructed on the reservation: *Provided*, That the said existing*Proviso*.Maintenance of road-ways and railway lines at sole expense of grantees. roadways and railway lines on the reservation so occupied and used and the railway lines so constructed and operated thereon shall be maintained and kept in a good state of repair, to the satisfaction of the Secretary of War, at the sole expense of the said trustees, their successors or assigns.
That the said trustees shall hold, use, manage, lease, sell, andProperty to be used for agricultural, etc., purposes. convey, or otherwise dispose of said lands, or any portion thereof, and of the proceeds and revenues of the same, for one or more of the following purposes as they may deem best, to wit: Agricultural, industrial, charitable, and educational purposes: *Provided, however*,*Proviso*.Sales subject to consent of Secretary of War. That no sale or conveyance shall be made by the said trustees of the lands conveyed by the Secretary of War under this Act until the Secretary of War shall have given his consent in each instance to such sale or conveyance.
That a majority of the said trustees shall constitute a quorum Powers, etc., of trustees.competent to transact business, and that the said trustees shall make such by-laws, rules, and regulations for their own government and for the management and control of the said property and the proceeds thereof as they may deem necessary and proper, and that in the event of any vacancy occurring among the said trustees by death, resignation, removal of residence from Richland County, South Carolina, or other cause, such vacancy shall be filled from residents of Richland County by selection by a majority of the remaining trustees, such selection to be approved by the Chamber of Commerce of the city of Columbia, South Carolina, or its successors: and if there be ho successors, then such selection shall be approved by a majority vote of a committee composed of the president of the University of South Carolina, the mayor of the city of Columbia, the senator in the General Assembly of South Carolina from Rich-land County, the probate judge of Richland County, and the resident judge of the judicial circuit of South Carolina embracing Richland County, or their respective successors.
That there is hereby granted to the State of North Carolina, Fort Macon Military Reservation.without cost to the State, for public uses, all lands belonging to Fort 386Granted to North Carolina.Macon Military Reservation, and now the property of the United States, together with all the improvements thereon, and that the Secretary of War be, and he is hereby, authorized and directed to convey to the said State all right, title, and interest of the United States in said lands and improvements, to be held and used by said *Provisos*.Land reserved for Coast Guard purposes.
Description.State for public purposes: *Provided*, That the following described land is reserved and granted to the Treasury Department for Coast Guard purposes: Beginning at a concrete monument at the southwest corner of the present Coast Guard property; thence north two hundred and ninety-nine and five-tenths feet to a concrete monument at the northwest corner of the present Coast Guard property; thence north nine degrees fifty-eight minutes west one thousand three hundred and twenty feet, more or less, to Bogue Sound; thence east-wardly about six hundred feet along Bogue Sound; thence south one thousand three hundred and forty feet, more or less, to a concrete monument at the northeast corner of the present Coast Guard property which said monument bears north one hundred and thirty-four feet from the center of the top of curb of the old hospital well, also it bears north eighty-four degrees twenty-two minutes thirty seconds west one hundred and forty-five feet from the old gun pivot at the northwest corner of the outside wall of old Fort Macon; thence south two hundred and ninety-nine and five-tenths feet to a concrete monument at the southeast corner of the present Coast Guard property; thence south one thousand four hundred feet, more or less, to the Atlantic Ocean; thence westwardly about two hundred feet along said Atlantic Ocean; thence north one thousand four hundred feet, more or less, to the south line of the present Coast Guard property; thence west one hundred and forty-seven and five-tenths feet to the place of beginning, containing twenty-two and Right for public buildings, etc., on reservation, retained.six-tenths acres, more or less: *Provided further*, That the Government at all times has the right and privilege of preserving, erecting, and maintaining on said reservation such buildings as Coast Guard stations, signal stations for pilots, lighthouses, and so forth, as may be incident to the purposes of the Treasury, War, Navy, and Commerce Departments. seventh corps area Arkansas.Arkansas:
Camp Pike Booster Pumping Station, near Little Rock. Sec. 2. Appraisal of properties. In the disposal of the aforesaid properties the Secretary of War shall in each and every case cause the same to be appraised, either as a whole or in two or more parts, by an appraiser or appraisers to be chosen by him for each tract, and in the making of Consideration of historic interest, etc.such appraisal due regard shall be given to the value of any improvements thereon and to the historic interest of any part of said land.
Sec. 3. Notification to governor of State. After such appraisal shall have been made and approved by the Secretary of War, notification of the fact of such appraisal Option for six months to a State, etc.shall be given by the Secretary of War to the governor of the State in which each such tract of land is located, and such State, or the county, or municipality in which such land is located shall in the order named have the option at any time within six months after the approval of such appraisal to acquire the same, or any part thereof which shall have been separately appraised, upon payment within *Proviso*.Use limited for public park purposes.said period of six months of the appraisal value: *Provided, however*, That the conveyance of said tract of land to such State, county, or municipality shall be upon the condition and limitation that said property shall be limited to use for public park purposes and upon cessation of such use shall revert to the United States without notice, demand, or action brought. 387 Sec. 4.
Six months after the date of approval of said appraisal,Disposal at auction if option not exercised. if the option given in section 3 hereof shall not have been completely exercised, the Secretary of War shall sell, or cause to be sold, each of said properties at public sale, at not less than the appraised value, after advertisement in such manner as may be directed by the Secretary: *Provided*, That no auctioneer or person acting in said capacity*Proviso*.Fee of auctioneer limited. shall be paid a fee for the sale of said properties in excess of the sum of $100 a day.
Sec. 5. A full report of transfers and sales made under the provisionsReport to Congress. of this Act shall be submitted to Congress by the Secretary of War. Sec. 6. The expense of appraisal, survey, advertising, and saleExpenses of appraisal, etc., from proceeds of sale. shall in each case be paid from the proceeds of the sale, whether made in accordance with section 3 or section 4 of this Act, and the net proceeds thereof shall be deposited in the Treasury of the United States to the credit of “Miscellaneous receipts.
” Sec. 7. The authority granted by this Act shall not repeal anyNo prior authority for sale, etc., repealed. prior legislative authority granted to the Secretary of War to sell or otherwise dispose of lands or property of the United States. eighth corps area Sec. 8. That the Secretary of War be, and he is hereby, authorizedCamp Robert E. L. Michie, Tex.Reconveyance of site of, to Elizabeth Moore, guardian, etc. to reconvey to Elizabeth Moore, guardian of G. Bedell Moore, a minor, her successors, or her said ward, or his lawful or legal representatives or assigns, the camp site of Camp Robert E.
L. Michie, containing four hundred acres, more or less, as described in the deed of conveyance to the United States dated April 26, 1919, in considerationPayment by, to Del Rio Chamber of Commerce, Tex., for distribution to original donors. of the payment by Elizabeth Moore, guardian of the estate of G. Bedell Moore, a minor, her successors, or her said ward, or his lawful heirs or legal representatives or assigns, to the Chamber of Commerce of Del Rio, of the county of Val Verde, and State of Texas, of the sum of $8,000, to be distributed by said chamber of commerce to the original donors.
Sec. 9. That the Secretary of War be, and hereby is, authorizedOld Fort Defiance.Conveyed to Gloucester, Mass. and directed to convey, by quitclaim deed, to the city of Gloucester, in the State of Massachusetts, all the proprietary right, title, and interest of the United States to and in that certain tract of land now known as Old. Fort Defiance, which was ceded by gift to the United States Government by vote of a town meeting in Gloucester in 1794 for the purpose of erecting a fortification, and which is now no longer needed for such purpose.
Approved, June 4, 1924.