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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§2409 Partition Actions Involving United States

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 161— UNITED STATES AS PARTY GENERALLY › § 2409

Last updated Apr 5, 2026|Official source

Summary

When a co-owner of land sues and the United States is also a co-owner, the case is handled the same way it would be between private owners. If the court orders the property (or part of it) sold, the Attorney General may bid for it on behalf of the United States. If the United States buys the property, the Treasury must pay the purchase price after the Attorney General requests payment and the Secretary of the Treasury issues the warrant.

Full Legal Text

Title 28, §2409

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

Any civil action by any tenant in common or joint tenant owning an undivided interest in lands, where the United States is one of such tenants in common or joint tenants, against the United States alone or against the United States and any other of such owners, shall proceed, and be determined, in the same manner as would a similar action between private persons. Whenever in such action the court orders a sale of the property or any part thereof the Attorney General may bid for the same in behalf of the United States. If the United States is the purchaser, the amount of the purchase money shall be paid from the Treasury upon a warrant drawn by the Secretary of the Treasury on the requisition of the Attorney General.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 766 (May 17, 1898, ch. 339, §§ 1, 2, 30 Stat. 416). Provisions relating to service or commencement of the action and duty of United States attorneys to appear, defend, and file answer were omitted as surplusage and covered by Rules 2, 3, and 4 of the Federal Rules of Civil Procedure and section 507 of this title. Words “shall proceed, and be determined, in the same manner as would a similar action between private persons” were substituted for “shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that control courts of equity, in partition proceedings between private persons,” in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2409

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60