Title 40, Public Buildings, Property, and WorksRelease 119-110

§3304 Acquisition of Buildings and Sites

Title 40 › SUBTITLE II — PUBLIC BUILDINGS AND WORKS › PART A — GENERAL › CHAPTER 33 — ACQUISITION, CONSTRUCTION, AND ALTERATION › § 3304

Last updated Sep 22, 2026|Official source

Summary

The Administrator of General Services can get buildings, land, or rights in land by buying, taking by eminent domain, accepting gifts, swapping, or other ways when needed for federal public buildings. If part of a building will be used for postal work, the Administrator must choose the city and site together with the United States Postal Service. The Administrator may publicly ask for offers to sell, donate, or trade property. The Administrator may pick the site judged best for the government and may acquire it without following division C of subtitle I of title 41, except for sections 3302, 3501(b), 3509, 3906, 4710, and 4711.

Full Legal Text

Title 40, §3304

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

(a)In General.—
The Administrator of General Services may acquire, by purchase, condemnation, donation, exchange, or otherwise, any building and its site which the Administrator decides is necessary to carry out the duties of the Administrator under this chapter.
(b)Acquisition of Land or Interest in Land for Use as Sites.—
The Administrator may acquire, by purchase, condemnation, donation, exchange, or otherwise, land or an interest in land the Administrator considers necessary for use as sites, or additions to sites, for public buildings authorized to be constructed or altered under this chapter.
(c)Public Buildings Used for Post Office Purposes.—
When any part of a public building is to be used for post office purposes, the Administrator shall act jointly with the United States Postal Service in selecting the town or city where the building is to be constructed, and in selecting the site in the town or city for the building.
(d)Solicitation of Proposals for Sale, Donation, or Exchange of Real Property.—
When the Administrator is to acquire a site under subsection (b), the Administrator, if the Administrator considers it necessary, by public advertisement may solicit proposals for the sale, donation, or exchange of real property to the Federal Government to be used as the site. In selecting a site under subsection (b) the Administrator (with the concurrence of the United States Postal Service if any part of the public building to be constructed on the site is to be used for post office purposes) may—
(1)select the site that the Administrator believes is the most advantageous to the Government, all factors considered; and
(2)acquire the site without regard to division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3304(a)40:602.Pub. L. 86–249, §§ 3, 5, Sept. 9, 1959, 73 Stat. 479. 3304(b)40:604(a). 3304(c)40:604(b). 3304(d)40:604(c). In subsections (c) and (d), the words “United States Postal Service” are substituted for “Postmaster General” in subsections (b) and (c) of section 5 of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 479) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).

Editorial Notes

Amendments

2011—Subsec. (d)(2). Pub. L. 111–350 substituted “division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”. 2003—Subsec. (b). Pub. L. 108–178 inserted “, by purchase, condemnation, donation, exchange, or otherwise,” after “The Administrator may acquire”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

40 U.S.C. § 3304

Title 40, Public Buildings, Property, and Works

Last Updated

Sep 22, 2026

Release point: 119-110