§1313 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The Attorney General can tell the U.S. Attorney where federal property is held to agree that, if a court releases that property from seizure or attachment, the person claiming the property will get the protections this law provides. That agreement does not mean the government admits anyone can seize government property or property used for public purposes, and it does not give up the government’s right to object to the case. If a final court judgment says the claimant’s right to enforce the claim is valid despite the government’s claim, that judgment settles the claimant’s rights against the government. A certified copy of the judgment and record is enough for the proper Treasury officials to allow and pay the claim from Treasury funds that are not already set aside. The payment cannot be more than the value of the government’s interest in the property.

Title 40, §1313

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)(1)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.

(2)This subsection does not—

(A)recognize or concede any right to enforce by seizure, arrest, attachment, or any judicial process a claim against property—

(i)of the Government; or

(ii)held, owned, or employed by the Government, or by a department of the Government, for a public use; or

(B)waive an objection to a proceeding brought to enforce the claim.

(b)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1313(a)40:308.R.S. § 3753; Pub. L. 89–30, § 1(a), June 2, 1965, 79 Stat. 118. 1313(b)40:309.R.S. § 3754; Pub. L. 89–30, § 1(b), June 2, 1965, 79 Stat. 119. In subsection (a)(1), the words “territory, or possession of the United States” are substituted for “or territory” for consistency in the revised title and with other titles of the United States Code. The words “in his discretion” are omitted as unnecessary. The words “General Counsel for the department of Treasury” were substituted for “Solicitor of the Treasury” in section 3753 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury. In subsection (b), the words “in the court of last resort to which the Attorney General may deem proper to cause such proceedings to be carried”, “to all intents and purposes”, “and the same is by such judgment found to be due”, and “duly” are omitted as unnecessary.

§1313 Releasing property from attachment

Summary

Title 40, §1313

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata