Title 40Public Buildings, Property, and WorksRelease 119-73not60

§904 Disposal

Title 40 › Subtitle SUBTITLE I— FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › Chapter 9— URBAN LAND USE › § 904

Last updated Apr 5, 2026|Official source

Summary

Before offering urban real estate for sale, the General Services Administrator must give the local government that controls zoning a reasonable notice. This allows the local government time to zone the property to match its plans. The Administrator must also, as much as possible, give buyers full information about current and planned zoning and about whether streets, sidewalks, sewers, water, street lights, and similar services are available now or would be available if the property is included in local planning. Local comprehensive planning means the planning work a local government uses to guide action. It covers making general land‑use and public‑facility plans; long‑range physical and financial plans; scheduling major capital projects with early financing details; coordinating plans with other governments; and creating rules and procedures to carry out these plans.

Full Legal Text

Title 40, §904

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

(a)Before offering real property situated in an urban area for sale, the Administrator of General Services shall give reasonable notice to the unit of general local government exercising zoning and land use jurisdiction in order to provide an opportunity for zoning so that the property is used in accordance with local comprehensive planning described in subsection (c).
(b)To the greatest extent practicable, the Administrator shall furnish to all prospective purchasers of real property situated in an urban area complete information concerning—
(1)current zoning regulations, prospective zoning requirements, and objectives for property if it is unzoned; and
(2)(A)the current availability of streets, sidewalks, sewers, water, street lights, and other service facilities; and
(B)the prospective availability of those service facilities if the property is included in local comprehensive planning described in subsection (c).
(c)Local comprehensive planning referred to in subsections (a) and (b) includes any of the following activities, to the extent the activity is directly related to the needs of a unit of general local government:
(1)As a guide for government policy and action, preparing general plans related to—
(A)the pattern and intensity of land use;
(B)the provision of public facilities (including transportation facilities) and other government services; and
(C)the effective development and use of human and natural resources.
(2)Preparing long-range physical and fiscal plans for government action.
(3)Programming capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financial planning for expenditures in the earlier years of a program.
(4)Coordinating related plans and activities of state and local governments and agencies.
(5)Preparing regulatory and administrative measures to support activities described in this subsection.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 904(a), (b)40:532.June 30, 1949, ch. 288, title VIII, §§ 803, 806(c), as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105. 904(c)40:535(c). In subsection (a), the words “Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of” and “such land” are omitted as unnecessary. The words “the head of the governing body of” are omitted for consistency in the chapter. The words “exercising zoning and land-use jurisdiction” are substituted for “having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located” to eliminate unnecessary words and for consistency in the chapter. In subsection (c)(2), the word “Preparing” is added for clarity.

Reference

Citations & Metadata

Citation

40 U.S.C. § 904

Title 40Public Buildings, Property, and Works

Last Updated

Apr 5, 2026

Release point: 119-73not60