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Title 40 — Public Buildings, Property, and WorksRelease 119-73

§3111 Approval of sufficiency of title prior to acquisition

Title 40 › Subtitle SUBTITLE II— - PUBLIC BUILDINGS AND WORKS › Part PART A— - GENERAL › Chapter CHAPTER 31— - GENERAL › Subchapter SUBCHAPTER II— - ACQUIRING LAND › § 3111

Last updated Apr 6, 2026|Official source

Summary

Federal money cannot be used to buy land or any part of land unless the Attorney General first gives written approval that the property's ownership is clear enough for the government's planned use. The Attorney General can let other federal departments or agencies approve titles, but still supervises them and sets the rules. Those departments can ask the Attorney General for an opinion or help about any title. Unless a law or contract says otherwise, the cost of getting title papers can come from the land-buying funds or the buying agency’s contingency money. This does not change any law about the Tennessee Valley Authority that was in effect on September 1, 1970.

Full Legal Text

Title 40, §3111

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

(a)Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is acquiring the property.
(b)(1)The Attorney General may delegate the responsibility under this section to other departments and agencies of the Government, subject to general supervision by the Attorney General and in accordance with regulations the Attorney General prescribes.
(2)A department or agency of the Government that has been delegated the responsibility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.
(c)Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency of the Government.
(d)This section does not affect any provision of law in effect on September 1, 1970, that is applicable to the acquisition of land or interests in land by the Tennessee Valley Authority.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3111(a)40:255 (1st par.).R.S. § 355 (1st–5th pars.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Pub. L. 91–393, § 1, Sept. 1, 1970, 84 Stat. 835. 3111(b)40:255 (2d, 3d pars.). 3111(c)40:255 (4th par.). 3111(d)40:255 (5th par.). In subsection (d), the words “in any manner” are omitted as unnecessary.

Reference

Citations & Metadata

Citation

40 U.S.C. § 3111

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73