40 U.S.C. § 1313 — Releasing property from attachment
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 336 words · no verdicts yet
The Attorney General may allow a claimant to preserve the benefits of this section after property connected to the Federal Government is released from seizure or attachment. A final judgment can establish the claimant’s rights against the Government, subject to the value of the Government’s interest.
(a) Stipulation of discharge.
(1) In a State, district, territory, or possession court proceeding, if property owned or held by the Federal Government, or in which it has or claims an interest, is seized, arrested, attached, or held to secure or satisfy a claim, the Attorney General may direct the United States Attorney for the district in which the property is located to stipulate that, once the property is discharged from the seizure, arrest, attachment, or proceeding, the person making the claim receives all benefits of this section.
(2) This subsection does not (A) recognize or concede a right to enforce a claim by seizure, arrest, attachment, or other judicial process against property (i) of the Government or (ii) held, owned, or used by the Government or one of its departments for public use, or (B) waive an objection to a proceeding brought to enforce the claim.
(b) Payment. After discharge, a final judgment affirming both the claim for security or satisfaction and the claimant’s right to enforce it against the property despite the Government’s claims is a full and final determination of the claimant’s rights. Against the Government, the judgment gives the claimant the rights the claimant would have had if possession of the property had not changed. If the claim is for money found due, an authenticated copy of the judgment and proceeding record is enough evidence for the proper accounting officers to allow the claim. The claim must be paid from Treasury money not otherwise appropriated. The amount paid may not exceed the value of the Government’s interest in the property.
In a judicial proceeding under the laws of a State, district, territory, or possession of the United States, when property owned or held by the Federal Government, or in which the Government has or claims an interest, is seized, arrested, attached, or held for the security or satisfaction of a claim made against the property, the Attorney General may direct the United States Attorney for the district in which the property is located to enter a stipulation that on discharge of the property from the seizure, arrest, attachment, or proceeding, the person asserting the claim against the property becomes entitled to all the benefits of this section.
This subsection does not—
recognize or concede any right to enforce by seizure, arrest, attachment, or any judicial process a claim against property—
of the Government; or
held, owned, or employed by the Government, or by a department of the Government, for a public use; or
waive an objection to a proceeding brought to enforce the claim.
After a discharge, a final judgment which affirms the claim for the security or satisfaction and the right of the person asserting the claim to enforce it against the property, notwithstanding the claims of the Government, is deemed to be a full and final determination of the rights of the person and entitles the person, as against the Government, to the rights the person would have had if possession of the property had not been changed. When the claim is for the payment of money found to be due, presentation of an authenticated copy of the record of the judgment and proceedings is sufficient evidence to the proper accounting officers for the allowance of the claim, which shall be allowed and paid out of amounts in the Treasury not otherwise appropriated. The amount allowed and paid shall not exceed the value of the interest of the Government in the property.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1138.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1138
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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