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Title 10 — Armed ForcesRelease 119-73not60

§8865 Sale of Prize

Title 10 › Subtitle Subtitle C— Navy and Marine Corps › Part IV— GENERAL ADMINISTRATION › Chapter 883— PRIZE › § 8865

Last updated Apr 3, 2026|Official source

Summary

The court must order a sale of prize property when one of these is true: the property has been condemned; the court finds at any time that the property is perishable, likely to go bad, or likely to drop in value; or the cost of holding the property is higher than its value. The court can also order a sale if, after the return-day on the libel (the day set for answers in the case), all interested parties who have appeared agree to sell. An appeal does not stop the court from ordering the sale or from carrying it out.

Full Legal Text

Title 10, §8865

Armed Forces — Source: USLM XML via OLRC

(a)The court shall order a sale of prize property if—
(1)the property has been condemned;
(2)the court finds, at any stage of the proceedings, that the property is perishable, liable to deteriorate, or liable to depreciate in value; or
(3)the cost of keeping the property is disproportionate to its value.
(b)The court may order a sale of the prize property if, after the return-day on the libel, all the parties in interest who have appeared in the cause agree to it.
(c)An appeal does not prevent the order of a sale under this section or the execution of such an order.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 766534 U.S.C. 1143.R.S. 4627. In subsection (a) the word “perishing” is omitted as surplusage. The words “in value” are added after “depreciate” for clarity. In subsection (c) the words “An appeal does not prevent” are substituted for the words “no appeal shall operate to prevent”.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7665 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8865

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60