10 U.S.C. § 2663
HISTORICAL AND REVISION NOTES 1956 ACT | ||
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
2663(a)2663(b)2663(c) | 50:171 (less provisos).50:171 (last proviso).50:171 (1st proviso). | July 2, 1917, ch. 35; restated Apr. 11, 1918, ch. 51, 40 Stat. 518. |
2663(d) | 50:171 (2d proviso).[50:171 is made applicable to the Navy by 50:171-1 (less 16th through 21st words)]. | Oct. 25, 1951, ch. 563, §101 (less 22d through 43d words), 65 Stat. 641. |
1958 ACTThe 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.
EDITORIAL NOTES
CODIFICATIONThe text of section 2672, part of which was transferred to this section, redesignated subsec. (c), and amended by Pub. L. 109-163, div. B, title XXVIII, §2821(a)(2)-(5), was based on Pub. L. 85-861, §1(51), Sept. 2, 1958, 72 Stat. 1459; amended Pub. L. 87-651, title I, §112(a), Sept. 7, 1962, 76 Stat. 511; Pub. L. 92-145, title VII, §707(2), (3), Oct. 27, 1971, 85 Stat. 411; Pub. L. 96-418, title VIII, §806(a), Oct. 10, 1980, 94 Stat. 1777; Pub. L. 99-167, title VIII, §810(a), (b)(1), Dec. 3, 1985, 99 Stat. 989, 990; Pub. L. 99-661, div. A, title XIII, §1343(a)(16), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100-456, div. B, title XXVIII, §2804, Sept. 29, 1988, 102 Stat. 2115; Pub. L. 105-85, div. B, title XXVIII, §2811(a), (b)(1), Nov. 18, 1997, 111 Stat. 1991; Pub. L. 108-136, div. B, title XXVIII, §2811(a)-(b)(2), Nov. 24, 2003, 117 Stat. 1724, 1725; Pub. L. 108-375, div. B, title XXVIII, §2821(d)(1), Oct. 28, 2004, 118 Stat. 2130.The text of section 2672a of this title, which was transferred to this section, redesignated subsec. (d), and amended by Pub. L. 109-163, div. B, title XXVIII, §2821(a)(6)-(9), was based on Pub. L. 94-107, title VI, §607(8), Oct. 7, 1975, 89 Stat. 566; amended Pub. L. 98-525, title XIV, §1405(39), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104-106, div. A, title XV, §1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108-136, div. A, title X, §1031(a)(29), Nov. 24, 2003, 117 Stat. 1599; Pub. L. 108-375, div. A, title X, §1084(d)(23), Oct. 28, 2004, 118 Stat. 2062.The text of section 2676(b) of this title, which was transferred to this section, redesignated subsec. (e), and amended by Pub. L. 109-163, div. B, title XXVIII, §2821(a)(10), (11), was based on Pub. L. 85-861, §1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 97-214, §5, July 12, 1982, 96 Stat. 170.
AMENDMENTS2017-Subsec. (d)(2). Pub. L. 115-91, §2811(b), inserted ",in an electronic medium pursuant to section 480 of this title," after "submit" and substituted "a notice" for "written notice". Subsec. (f)(2). Pub. L. 115-91, §2811(c), struck out "or, if over sooner, the end of the 14-day period beginning on the date on which a copy of the report is provided" after "received by the committees". 2011-Subsec. (a)(1). Pub. L. 111-383 made technical amendment to directory language of Pub. L. 109-364, §2821(b)(1) . See 2006 Amendment note below. 2008-Subsec. (h). Pub. L. 110-181 added subsec. (h).2006- Pub. L. 109-163, §2821(a)(1)(A), substituted "Land acquisition authorities" for "Acquisition" in section catchline.Subsec. (a). Pub. L. 109-163, §2821(a)(1)(B), (C), inserted "ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILITARY PURPOSES.-(1)" before "The Secretary" in introductory provisions, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), in subpar. (C), substituted "subparagraph (B)" for "clause (2)", redesignated subsec. (b) as par. (2) and substituted "paragraph (1)" for "subsection (a)".Subsec. (a)(1). Pub. L. 109-364, §2821(b)(1), as amended by Pub. L. 111-383, substituted "Subject to subsection (f), the Secretary" for "The Secretary" in introductory provisions. Subsec. (b). Pub. L. 109-163, §2821(a)(1)(D), redesignated subsec. (c) as (b) and inserted heading. Pub. L. 109-163, §2821(a)(1)(C), redesignated subsec. (b) as subsec. (a)(2). Subsec. (c). Pub. L. 109-163, §2821(a)(2) -(5), redesignated pars. (1) and (2) of subsec. (a) and subsecs. (b) and (d) of section 2672 of this title as pars. (1), (2), (3), and (4), respectively, of subsec. (c) of this section, inserted subsec. heading, in par. (3), substituted "This subsection" for "This section", "paragraph (1)" for "subsection (a)(1)", and "paragraph (2)" for "subsection (a)(2)", in par. (4), substituted "this subsection" for "this section", and struck out headings for former subsecs. (a), (b), and (d) of section 2672. Pub. L. 109-163, §2821(a)(1)(D), redesignated subsec. (c) as (b). Subsec. (d). Pub. L. 109-163, §2821(a)(6) -(9), redesignated subsecs. (a), (c), and (b) of section 2672a of this title as pars. (1), (2), and (3), respectively, of subsec. (d) of this section, inserted subsec. heading, in par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in par. (2), substituted "this subsection" for "this section", and in par. (3), substituted "this subsection" for "this section" in first sentence and struck out second sentence which read as follows: "The authority to acquire an interest in land under this section includes authority to make surveys and acquire interests in land (including temporary use), by gift, purchase, exchange of land owned by the United States, or otherwise." Pub. L. 109-163, §2821(a)(1)(E), struck out subsec. (d) which read as follows: "The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including temporary use, for any purpose named in subsection (a)." Subsec. (e). Pub. L. 109-163, §2821(a)(10), (11), redesignated subsec. (b) of section 2676 of this title as subsec. (e) of this section and inserted heading. Subsecs. (f), (g). Pub. L. 109-364, §2821(b)(2), added subsecs. (f) and (g). 1958-Subsec. (a). Pub. L. 85-861 struck out provisions requiring proceedings under this subsection to be in accordance with the law of the State in which the suit is brought.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111-383, div. A, title X, §1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(6) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109-364 as enacted.
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.
SENSE OF CONGRESS Pub. L. 109-364, div. B, title XXVIII, §2821(a), Oct. 17, 2006, 120 Stat. 2473, provided that: "It is the sense of Congress that the Secretary of Defense, when acquiring land for military purposes, should-"(1) make every effort to acquire the land by means of purchases from willing sellers; and"(2) employ condemnation, eminent domain, or seizure procedures only as a measure of last resort in cases of compelling national security requirements or at the request of the seller."
- includes
- "includes" means "includes but is not limited to"; and
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.