40 U.S.C. § 8735 — Sale of land by Secretary of the Interior
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 275 words · no verdicts yet
With Planning Commission approval, the Secretary of the Interior may sell government real estate in D.C. that's no longer needed for public use. The price must be at least what the government paid or the current appraised value. Net proceeds go to the Treasury, split between the government and the District.
(a) Authority To Sell. With the National Capital* Planning Commission's approval, the Secretary of the Interior may sell, by deed or other instrument, government real estate in D.C. under National Park Service jurisdiction that may no longer be needed for public purposes — if selling it serves the federal government's best interests. The land may be sold for cash or on a deferred-payment plan the Secretary approves, but the price cannot be less than what the government paid for it, and cannot be less than its current appraised value as the Secretary determines it.
(b) Sale to Highest Bidder. To sell a parcel under this section, the Secretary must arrange for public or private bids or offers, in whatever way the Secretary thinks appropriate. The Secretary must sell to whoever offers to pay the highest price, as long as that price is otherwise satisfactory. If the owner of land next to the parcel matches the highest price offered by anyone else, the parcel may instead be sold to that neighboring owner.
(c) Paying Expenses and Depositing Proceeds. The Secretary: (1) may pay the reasonable and necessary expenses of selling each parcel; and (2) must deposit the net proceeds of each sale into the Treasury, credited to the federal government and the District of Columbia in proportion to how much each one paid — or was obligated to pay, by reimbursement, at the time of purchase — toward the appropriations used to acquire the parcels.
With the approval of the National Capital* Planning Commission, the Secretary of the Interior, for the best interests of the Federal Government, may sell, by deed or instrument, real estate held by the Government in the District of Columbia and under the jurisdiction of the National Park Service which may be no longer needed for public purposes. The land may be sold for cash or on a deferred-payment plan the Secretary approves, at a price not less than the Government paid for it and not less than its present appraised value as determined by the Secretary.
In selling any parcel of land under this section, the Secretary shall have public or private solicitation for bids or offers be made as the Secretary considers appropriate. The Secretary shall sell the parcel to the party agreeing to pay the highest price if the price is otherwise satisfactory. If the price offered or bid by the owner of land abutting the land to be sold equals the highest price offered or bid by any other party, the parcel may be sold to the owner of the abutting land.
The Secretary—
may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and
shall deposit the net proceeds of each sale in the Treasury to the credit of the Government and the District of Columbia in the proportion that each—
paid the appropriations used to acquire the parcels; or
was obligated to pay the appropriations, at the time of acquisition, by reimbursement.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1226
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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