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22 U.S.C. § 277eDisposal of lands; issuance of licenses for use of lands; compensation for injured property

submitted 91 years ago by ch. 763 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 655 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of State can lease or sell land no longer needed for border projects, following federal property law, with donated land returned free to the original donor. The Secretary can also fix broken irrigation or sewer structures caused by construction, or pay owners instead, and can pay small damage claims (up to $1,000, filed within a year) that people suffer because of project work.

The Secretary of State may lease land acquired under any act, executive order, or treaty for projects the Secretary runs through the American Commissioner, or sell such land once it's no longer needed. This must follow the applicable rules in title 40 and title 41 property law, done by public auction (after 30 days' notice, at no less than a price three independent appraisers set), by private sale, or otherwise, at no less than that appraised value. Land that was donated to the United States and is no longer needed can be given back, free, to whoever donated it or their heirs. The Secretary may keep rights-of-way for irrigation, drainage, river work, or other purposes when leasing or selling land, and may require that sold land join an existing local irrigation district. Proceeds from any lease or sale go to the U.S. Treasury. The Secretary may also, at his discretion, give land not needed by the United States to the state it borders, or to a similarly situated county, city, or other local government, for free, for public use. The Secretary may issue revocable licenses letting the public or private parties use retained government land for irrigation or other structures, as long as that doesn't conflict with the government's own use, and may sign whatever leases and conveyances are needed to carry this out. When building a project through the Boundary Commission interferes with or forces changes to existing irrigation, water-supply, sanitary, or sewage structures — or other property belonging to a city, company, or individual — the Secretary may restore or rebuild those structures, build replacements, or pay the owner their reasonable value, as agreed with the American Commissioner. The Secretary may also consider, adjust, and pay — from the project's own funds — claims for damages that happened after March 31, 1937, caused to landowners or other private property by the government's survey, construction, operation, or maintenance work. This only applies if the claim is $1,000 or less, was filed with the American Commissioner within one year of the damage, and the Commissioner is satisfied the claim is backed up by a report from a board the Commissioner appointed.
the actual law source: uscode.house.gov ↗public domain

The Secretary of State is authorized to lease any land heretofore or hereafter acquired under any Act, Executive order, or treaty in connection with projects, in whole or in part, constructed or administered by the Secretary of State through the said American Commissioner, or to dispose of such lands when no longer needed, subject to applicable regulations under chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41, by sale at public auction, after thirty days’ advertisement, at a price not less than that which may be fixed by three disinterested appraisers, to be designated by the Secretary of State, or by private sale, or otherwise, at not less than such appraised value: Provided, That any of such land as shall have been donated to the United States and which is no longer needed may be reconveyed, without cost, to the grantor or his heirs: Provided, further, That the lease or disposal of any land pursuant hereto may, in the discretion of the Secretary of State, be subject to reservations in favor of the United States for rights-of-way for irrigation, drainage, river work, and other purposes, and any such disposal may be conditioned upon and made subject to inclusion of such lands in any existing irrigation district in the vicinity of such lands, the proceeds of any such lease or sale to be covered into the Treasury of the United States: And provided further, That in the discretion of the Secretary of State, and subject to such conditions as he may deem appropriate, conveyances of any other of such lands not needed by the United States may be made to the State to which they lie adjacent or to any similarly situated county, city, or other governmental subdivision of such State, without cost, for use for public purposes.

The Secretary of State is further authorized to issue revokable licenses for public or private use for irrigation or other structures or uses not inconsistent with the use of such lands made, or to be made, by the United States, across any lands retained by the United States, and to execute all necessary leases, title instruments, and conveyances, in order to carry out the provisions of this section.

Whenever the construction of any project or works undertaken or administered by the Secretary of State through the International Boundary and Water Commission, United States and Mexico, results in the interference with or necessitates the alteration or restoration of constructed and existing irrigation or water-supply structures, sanitary or sewage disposal works, or other structures, or physical property belonging to any municipal or private corporation, company, association, or individual, the Secretary of State may cause the restoration or reconstruction of such works, structures, or physical property or the construction of others in lieu thereof or he may compensate the owners thereof to the extent of the reasonable value thereof as the same may be agreed upon by the American Commissioner with such owner.

The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages accruing after March 31, 1937, caused to owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary and Water Commission, United States and Mexico, if such claim for damages does not exceed $1,000 and has been filed with the American Commissioner within one year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner.

Source credit: (Aug. 27, 1935, ch. 763, 49 Stat. 906; June 19, 1939, ch. 212, 53 Stat. 841; Oct. 31, 1951, ch. 654, § 2(15), 65 Stat. 707; Pub. L. 85–201, Aug. 28, 1957, 71 Stat. 475.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 27, 1935, ch. 763 · 49 Stat. 906
  • 1939Amended · Act of June 19, 1939, ch. 212 · 53 Stat. 841
  • 1951Amended · Act of Oct. 31, 1951, ch. 654 · 65 Stat. 707
  • 1957Amended · Pub. L. 85-201 · 71 Stat. 475

A history note hasn’t been published yet. The record shows enactment by ch. 763 on 1935-08-27.

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