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Title 10, Armed ForcesRelease 119-102

§2824 Authorization for Acquisition of Existing Family Housing in Lieu of Construction

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER II — MILITARY FAMILY HOUSING › § 2824

Last updated Aug 21, 2026|Official source

Summary

The Secretary in charge may buy existing family housing instead of building new units. They can take full ownership of privately owned or HUD-held homes in the United States. Overseas, they may buy less-than-full ownership interests. If the authority to build is used to buy existing housing, it also covers buying the land or land interests. Any bought unit must meet the size limit in section 2826. The Secretary may waive that size limit for units bought during the five-year period beginning on February 10, 1996. These homes cannot be taken by using eminent domain.

Full Legal Text

Title 10, §2824

Armed Forces, Source: USLM XML via OLRC

(a)In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Secretary concerned may acquire less than sole interest in existing family housing units.
(b)When authority provided by law to construct military family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land.
(c)The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of this title. The Secretary concerned may waive the limitation set forth in the preceding sentence to family housing units acquired under this section during the five-year period beginning on February 10, 1996.
(d)Family housing units may not be acquired under this section through the exercise of eminent domain authority.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (c). Pub. L. 104–201 substituted “February 10, 1996” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996”. Pub. L. 104–106 inserted at end “The Secretary concerned may waive the limitation set forth in the preceding sentence to family housing units acquired under this section during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996.”

Statutory Notes and Related Subsidiaries

Effective Date

For

Effective Date

and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2824

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102