7 U.S.C. § 2253: Adjustment by Secretary of…

Summary

The Secretary of Agriculture can give back U.S.-owned land by signing a quitclaim deed (a document that releases the United States’ claim) when, after the United States acquired land under his control (but not land gotten by exchanging public domain land or resources), he finds the government’s title is legally weak for the reason it was taken and no payment was made, or the title was obtained by mistake, misunderstanding, error, or inadvertence. If the deed goes to the same person who sold the land to the United States (or that person’s successor), any payment the United States made for the land must be returned or an equal value paid to the United States. Returned money should, as far as possible, go back to the agency, account, or fund that originally provided it.

Title 7, §2253

Agriculture, Source: USLM XML via OLRC

If the Secretary of Agriculture shall find after the acquisition by the United States of any land or interest therein which is subject to his administration, custody, or control, other than land acquired by exchange of public domain land or resources, that the title thereto is legally insufficient for the purposes for which such land or interest was acquired and no consideration therefor has been paid by the United States, or that title or color of title to such land or interest was acquired through mistake, misunderstanding, error, or inadvertence, he is authorized to execute and deliver on behalf of and in the name of the United States to the person from whom the title was acquired or to the person whom he finds entitled thereto a quitclaim deed to such land or interest: Provided, however, That if the person to whom such deed is made is the same person from whom the United States acquired title, or his successor in interest, any consideration given by the United States for such land or interest shall be restored or, in lieu thereof, the value equivalent of such consideration as determined by the Secretary of Agriculture shall be paid to the United States; and any consideration or value equivalent so restored or paid shall, so far as is practicable, be restored to the jurisdiction, or deposited to the credit, of the department, agency, appropriation, or fund from which the consideration was transferred or paid at the time of the acquisition of title by the United States.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 567 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.

Amendments

1962—Pub. L. 87–869 struck out “within twenty years” after “shall find”. 1952—Act Mar. 3, 1952, increased period of limitation during which Secretary may adjust land titles from ten to twenty years.

Executive Documents

Transfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.

§2253 Adjustment by Secretary of Titles to Lands Acquired by Government and Subject to His Control