§2664. Acquisition of property for lumber production

(a) The Secretary of a military department, the Secretary of Transportation, or any one or more of them, may have proceedings brought in the name of the United States to acquire by condemnation any interest in property named in subsection (b), including temporary use, and needed for-

(1) the production of aircraft, vessels, dry docks, or equipment for them;

(2) the procurement of supplies for aircraft, vessels, and dry docks; or

(3) housing for persons employed by the United States in connection with functions of the Army, Navy, Air Force, or Marine Corps, or the functions transferred to the Secretary of Transportation under section 3 of the Maritime Act of 1981 (46 U.S.C. App. 1602).

(b) The kinds of property that may be acquired by condemnation under subsection (a) are-

(1) standing or fallen timber;

(2) sawmills;

(3) camps;

(4) machinery;

(5) logging roads;

(6) rights-of-way;

(7) supplies; and

(8) works, property, or appliances suitable for the production of lumber and timber products.

(c) Jurisdiction over condemnation proceedings under this section is vested in the United States District Court for the district in which the property, or any part of it, sought to be condemned is located, regardless of its value.

(d) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under subsection (a), take and use the property to the extent of the interest sought to be acquired.

(e) A person named in subsection (a) may contract for or buy any interest in property named in subsection (b), including temporary use, needed for any purpose named in subsection (a), as soon as the owner fixes a price for it and that person considers that price to be reasonable.

(f) A person named in subsection (a) may accept for the United States a gift of any property named in subsection (b), including temporary use, for any purpose named in subsection (a).

(Aug. 10, 1956, ch. 1041, 70A Stat. 148 ; Sept. 2, 1958, Pub. L. 85–861, §33(a)(15), 72 Stat. 1565 ; Dec. 12, 1980, Pub. L. 96–513, title V, §511(90), 94 Stat. 2928 ; Aug. 6, 1981, Pub. L. 97–31, §12(3)(A), 95 Stat. 153 ; Oct. 12, 1982, Pub. L. 97–295, §1(32), 96 Stat. 1296 ; Apr. 21, 1987, Pub. L. 100–26, §7(d)(6), 101 Stat. 281 .)

Historical and Revision Notes
1956 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
2664(a)	50:172 (1st par., less 26th through 56th words of 1st sentence; and less last sentence).	July 9, 1918, ch. 143, subch. XV, §8 (2d par.), 40 Stat. 888 .
2664(b)	50:172 (26th through 56th words of 1st sentence of 1st par.).
2664(c)	50:172 (last sentence of 1st par.).
2664(d)	[No source].
2664(e)	[No source].
2664(f)	[No source].

In subsection (a), the introductory clause is substituted for 50:172 (1st 25 words, and 2d sentence). The words "Secretary of Commerce" and "Chairman of the Federal Maritime Board" are substituted for the words "Chairman of the United States Maritime Commission" and the words "functions transferred to the Secretary of Commerce or the Federal Maritime Board by 1950 Reorganization Plan No. 21, effective May 24, 1950, 64 Stat. 1273" are substituted for the words "[functions of] the United States Maritime Commission", since the functions of the Chairman of the United States Maritime Commission and of the United States Maritime Commission were transferred to the Secretary of Commerce and the Federal Maritime Board by that Reorganization Plan. The words "or any one or more of them" are substituted for the words "individually or collectively", to make it clear that any number of them may act and not necessarily one or all of them. The words "equipment for them" are substituted for the words "their apparel or furniture". The words "manufacture, or building" are omitted as covered by the word "production". 50:172 (1st 18 words of 3d sentence) is omitted as surplusage.

In subsection (a)(2), the word "supplies" is substituted for the words "materials and equipment", since the word "supplies" is defined in section 101(26) of this title to include material and equipment.

The last sentence of subsection (a) is based on the 27 words preceding the first proviso of 50:171, which is the source for section 2663(a) (last sentence) of this title, and which was incorporated into 50:172 by the cross reference in the first sentence thereof.

In subsection (b), the introductory clause is inserted for clarity. The words "equipment, materials" are omitted as covered by the word "supplies", since the word "supplies" is defined in section 101(26) of this title to include material and equipment.

In subsection (c), the words "United States District Court for the district in which" are substituted for the words "district courts of the United States, where" to conform to section 132 of title 28.

Subsections (d)–(f) are based on the provisos of 50:171, which are the source for section 2663(b)–(d) of this title, and which were incorporated into 50:172 by the cross reference in the first sentence thereof.

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 Procedure 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.

1982 Act

This corrects an error in an amendment to 10:2664(a) made by section 12(3)(A) of the Maritime Act of 1981 ( Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 153 ).

Amendments

1987-Subsec. (a)(3). Pub. L. 100–26 inserted "App." after "46 U.S.C.".

1982-Subsec. (a). Pub. L. 97–295 substituted "military department, the Secretary of Transportation, or any" for "military department" and all that followed through "or any" in text preceding par. (1), substituted "transferred to the Secretary of Transportation" for "transferred to the" and all that followed in par. (3), clarifying the ambiguity created by the conflicting language of Pub. L. 96–513 and Pub. L. 97–31, and inserted reference to section 3 of the Maritime Act of 1981 (46 U.S.C. 1602).

1981-Subsec. (a). Pub. L. 97–31, in introductory text and par. (3), substituted references to Secretary of Transportation for references to Secretary of Commerce and Maritime Commission. Amendment was executed to text in accordance with the probable intent of Congress, notwithstanding amendment of section by Pub. L. 96–513 which substituted different language than language contained in amendatory provisions of Pub. L. 97–31.

1980-Subsec. (a). Pub. L. 96–513 substituted "Federal Maritime Commission" for "Federal Maritime Board" in two places, and substituted "under Reorganization Plan No. 7 of 1961, effective August 12, 1961 (75 Stat. 840)" for "by 1950 Reorganization Plan No. 21, effective May 24, 1950 (64 Stat. 1273)".

1958-Subsec. (a). Pub. L. 85–861, §33(a)(15)(A), (B), inserted ", including temporary use," after "subsection (b)", and struck out provisions requiring all proceedings under this subsection to be in accordance with the laws of the State in which the suit is brought.

Subsec. (e). Pub. L. 85–861, §33(a)(15)(C), inserted "named in subsection (b), including temporary use," after "property".

Subsec. (f). Pub. L. 85–861, §33(a)(15)(B), inserted ", including temporary use," after "subsection (b)".

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.

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.

Cross References

Original jurisdiction of district courts in condemnation proceedings, see section 1358 of Title 28, Judiciary and Judicial Procedure.

Section Referred to in Other Sections

This section is referred to in section 2665 of this title.