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Title 42 — The Public Health and WelfareRelease 119-73

§1592d Secretary’s powers with respect to housing, facilities, and services

Title 42 › Chapter CHAPTER 9— - HOUSING OF PERSONS ENGAGED IN NATIONAL DEFENSE › Subchapter SUBCHAPTER IX— - DEFENSE HOUSING AND COMMUNITY FACILITIES AND SERVICES › § 1592d

Last updated Apr 6, 2026|Official source

Summary

Gives the Secretary of Housing and Urban Development broad power to plan for, get, build, fix, run, rent or sell housing and community facilities and to buy or otherwise acquire property under the Act. The Secretary may use contracts or other methods and does not have to follow some federal procurement rules before the Attorney General approves. The Secretary can buy, accept donations, condemn, construct, repair, lease, insure, maintain, trade, demolish, convey, sell for cash or credit, provide access, utilities and transportation, buy materials and equipment, make advance lease payments, and settle claims for or against the United States that are not in court and not sent to the Department of Justice. Claims over $5,000 from construction, repair, or supply contracts and claims for administrative expenses are excluded. The Secretary may give property at no cost to States or local governments for streets and public uses. A transfer signed by the Secretary is final proof that the required steps were followed for good-faith buyers, lessees, or transferees. Housing and facilities built by the United States must follow state and local health and sanitation rules. Except for temporary buildings, they should meet state or local building codes when possible, considering material limits and national defense. Before using condemnation, the Secretary must try to buy by negotiation unless the owner is unknown, there are too many owners, or delay would harm national defense. A court cannot force possession before final judgment unless a declaration of taking is filed and a deposit is made under section 3114(a) to (d) of title 40. If title is not disputed, the court should promptly pay the owner at least 75 percent of that deposit. If property kept after June 30, 1954, was not used and the original owner wants it back and pays fair value, the Secretary must return it. If they disagree on value, three appraisers (one chosen by each party and a third chosen by those two) set the price and the appraisal costs are split equally.

Full Legal Text

Title 42, §1592d

The Public Health and Welfare — Source: USLM XML via OLRC

(a)With respect to any housing or community facilities or services which the Secretary of Housing and Urban Development is authorized to provide, or any property which he is authorized to acquire, under this Act, the Secretary of Housing and Urban Development is authorized by contract or otherwise (without regard to section 6101 of title 41, section 322 of the Act of June 30, 1932 (47 Stat. 412), as amended,11 See References in Text note below. chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and prior to the approval of the Attorney General) to make plans, surveys, and investigations; to acquire (by purchase, donation, condemnation or otherwise), construct, erect, extend, remodel, operate, rent, lease, exchange, repair, deal with, insure, maintain, convey, sell for cash or credit, demolish, or otherwise dispose of any property, land, improvement, or interest therein; to provide approaches, utilities, and transportation facilities; to procure necessary materials, supplies, articles, equipment, and machinery; to make advance payments for leased property; to pursue to final disposition by way of compromise or otherwise, claims both for and against the United States (exclusive of claims in excess of $5,000 arising out of contracts for construction, repairs, and the purchase of supplies and materials, and claims involving administrative expenses) which are not in litigation and which have not been referred to the Department of Justice; and to convey without cost to States and political subdivisions and instrumentalities thereof property for streets and other public thoroughfares and easements for public purposes: Provided, That any instrument executed by the Secretary of Housing and Urban Development and purporting to convey any right, title or interest in any property acquired pursuant to this subchapter or subchapter X of this chapter shall be conclusive evidence of compliance with the provisions thereof insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned. Notwithstanding any provisions of this Act, housing or community facilities constructed by the United States pursuant to the authority contained herein shall conform to the requirements of State and local laws, ordinances, rules, or regulations relating to health and sanitation, and, to the maximum extent practicable, taking into consideration the availability of materials and the requirements of national defense, any housing or community facilities, except housing or community facilities of a temporary character, constructed by the United States pursuant to the authority contained herein shall conform to the requirements of State or local laws, ordinances, rules, or regulations relating to building codes.
(b)Before condemnation proceedings are instituted pursuant to this subchapter or subchapter X an effort shall be made to acquire the property involved by negotiation unless, because of reasonable doubt as to the identity of the owner or owners, because of the large number of persons with whom it would be necessary to negotiate, or for other reasons, the effort to acquire by negotiation would involve, in the judgment of the Secretary of Housing and Urban Development, such delay in acquiring the property as to be contrary to the interest of national defense. In any condemnation proceeding instituted pursuant to this subchapter or subchapter X, the court shall not order the party in possession to surrender possession in advance of final judgment unless a declaration of taking has been filed, and a deposit of the amount estimated to be just compensation has been made, under section 3114(a) to (d) of title 40, providing for such declarations. Unless title is in dispute, the court, upon application, shall promptly pay to the owner at least 75 per centum of the amount so deposited, but such payment shall be made without prejudice to any party to the proceeding.
(c)If any real property acquired under this subchapter or subchapter X is retained after June 30, 1954, without having been used for the purposes of this Act, the Secretary of Housing and Urban Development shall, if the original owner desires the property and pays the fair value thereof, return such property to the owner. In the event the Secretary of Housing and Urban Development and the original owner do not agree as to the fair value of the property, the fair value shall be determined by three appraisers, one of whom shall be chosen by the Secretary of Housing and Urban Development, one by the original owner, and the third by the first two appraisers; the expenses of such determination shall be paid in equal shares by the Government and the original owner.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a) and (c), means act Sept. 1, 1951, ch. 378, 65 Stat. 293, known as the Defense Housing and Community Facilities and Services Act of 1951. For complete classification of this Act to the Code, see

Short Title

of 1951 Amendment note set out under section 1501 of this title and Tables. section 322 of the Act of
June 30, 1932, referred to in subsec. (a), is section 322 of act
June 30, 1932, ch. 314, 47 Stat. 412, which was classified to section 278a of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 100–678, § 7, Nov. 17, 1988, 102 Stat. 4052. Subchapter X, referred to in subsecs. (a), (b), and (c), was in the original, title IV, meaning title IV of act Sept. 1, 1951, ch. 378, 65 Stat. 310, which enacted sections 1593 to 1593d of this title and was repealed by act
June 30, 1953, ch. 170, § 19, 67 Stat. 126. Codification In subsec. (a), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes, as amended” and “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b), “section 3114(a) to (d) of title 40” substituted for “the first section of the Act of
February 26, 1931 (46 Stat. 1421)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

1982—Subsec. (a). Pub. L. 97–214 struck out reference to section 1136 of the Revised Statutes, which had been enacted as section 4774 and 9774 of title 10 by act Aug. 10, 1956, ch. 1041, as amended by Pub. L. 93–166, § 509(c), (e), Nov. 29, 1973, 87 Stat. 677, 678. 1953—Subsec. (c). Act
June 30, 1953, substituted “
June 30, 1954” for “
June 30, 1953”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military

Construction

projects, and to

Construction

and acquisition of military family housing before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an

Effective Date

note under section 2801 of Title 10, Armed Forces.

Transfer of Functions

For

Transfer of Functions

to Secretary of Housing and Urban Development, see note set out under section 1581 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1592d

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73