[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR211.4]



[Page 183-184]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 211_REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION 

WITH CIVIL WORKS PROJECTS--Table of Contents

 

Sec.  211.4  Acquisition of land.



    (a) Real property and interests therein may be acquired by the 

Department of the Army by:

    (1) Purchase.

    (2) Condemnation.

    (3) Transfer from other Government departments and agencies.

    (4) Lease or similar instrument.



[[Page 184]]



    (5) Donation or gift.

    (b) Methods of acquisition--(1) Purchase. It is the policy of the 

Department of the Army to secure title to lands, or the desired interest 

therein, by direct negotiation and purchase, where possible. Each tract 

of land to be acquired is approved by qualified appraisers for the 

purpose of determining the market value. Options for the purchase of 

land will not be negotiated containing reservations or exceptions by 

landowners or subject to outstanding rights in third parties which may 

interfere with the use of the land for which it is being acquired. In no 

case will an option be negotiated in which a vendor excepts or reserves 

the right to repurchase the property, or undertakes to convey subject to 

rights in a third party. Generally, landowners or tenants are authorized 

to reserve, or except from the sale, crops, timber, buildings and 

improvements with the right to remove same within a specified period, 

provided such buildings, etc., are not required for use by the 

Department of the Army. Land is acquired subject to public highways, 

roads, railroads, pipelines, and other utilities, and if it is 

determined that they interfere with the Government's use of the 

property, will be relocated or extinguished by contract between the 

Government and State, county or utility involved. If at any time in the 

course of acquisition by direct purchase, it becomes apparent that 

acquisition by such means will involve substantial delay or cannot be 

accomplished because of title defects which cannot be eliminated within 

a reasonable time, or because of failure to agree on the price to be 

paid, action is taken to acquire the land by condemnation.

    (2) Condemnation. Condemnation of land is accomplished by the 

Secretary of the Army requesting the Attorney General to file a 

condemnation petition and procure an order from the court in the Federal 

Judicial District where the land is located, granting to the United 

States the right of immediate possession. The declaration of taking act 

(40 U.S.C. 258a-d) permits the Government to file a declaration of 

taking in conjunction with the condemnations proceedings, and provides 

that title to the property described therein vests immediately upon 

filing of the declaration in court and deposit of the Government's 

estimate of compensation, named in the declaration, in the registry of 

the court. The court may enter orders directing that all or part of the 

money deposited by the Government be paid to the owner of the land or 

other persons having an interest therein. This payment is without 

prejudice to the landowner's right to seek a higher value for his land 

in the trial of the case before the court. Pending or during the trial 

under condemnation proceedings, negotiations may still be conducted with 

the landowner for the direct purchase of his property, and in the event 

an agreement is reached, action is taken to dismiss the land in question 

from the condemnation proceedings.

    (3) Transfer of land. Transfer of land from other Government 

agencies to the Department of the army is generally accomplished by 

obtaining a use permit, or if the land is desired permanently, then by 

transfer under applicable legislative authority. In the absence of such 

authority, a permit is obtained pending enactment of special legislation 

by the Congress. Public domain land under the Department of the Interior 

may be withdrawn and set aside for the use of the Department of the Army 

by Executive order or a Public Land Order.

    (4) Lease. The negotiation of leases for river and harbor and flood 

control purposes must be approved by the Chief of Engineers or his duly 

authorized representative.



           Temporary Use by Others of Civil Works Real Estate



    Authority: Sections 211.5 through 211.9 issued under R.S. 161; 5 

U.S.C. 301.



    Source: 13 FR 8748, Dec. 30, 1948, unless otherwise noted.