54 STAT.] 76TH CONG. , 3D SESS.-CHS. 792, 793-OCT. 9 , 1940 SEC. 46. REPEALs.- Al l laws or parts of laws, insofar as they relate to business affected hereby, and are m conflict with any of the provisions of this Act, are hereby repealed. SEC. 47. CONSTITUTIONALITY. -Should any section or provision of this Act be held unconstitutional or invalid, the validity of the Act as a whole, or of any part thereof, other than the part decided to be uncon- stitutional or invalid, shall not be affected. SEC. 48. EFFECTIVE DATE OF ACT.-Except where otherwise specifi- cally provided herein, this Act shall become effective thirty days after approval. Approved, October 9, 1940. [CHAPTER 793] AN ACT To amend section 355 of the Revised Statutes, as amended, to authorize the Attorney General to approve the title to low-value lands and interests in lands acquired by or on behalf of the United States subject to infirmities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 355 of the Revised Statutes of the United States, as amended, is hereby amended to read as follows: "SEC. 355. No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy yard, custom- house, lighthouse, or other public building of any kind whatever, until the written opinion of the Attorney General shall be had in favor of the validity of the title. "Notwithstanding the provisions of this or any other law, when- ever the average value of any lands or interests in land to be acquired by or on behalf of the United States under a single option or con- tract of sale does not exceed $10 per acre (hereinafter referred to as 'low-value lands'), the title may be accepted subject to such infirmities as, in the opinion of the Attorney General, may, without jeopardizing the interests of the United States, be left for removal by condemnation or other appropriate proceedings, if and when necessary: Provided, That the total value of any lands or interests to be acquired under a single option or contract of sale subject to an infirmity does not exceed $3,500. No public money shall here- after be expended for the acquisition of such low-value lands or interests in land by or on behalf of the United States for any pur- pose until the written opinion of the Attorney General has been had approving the title subject, if expedient, to infirmities as herein provided. However, no money in excess of $2,500 shall be expended for the construction of buildings, works, or other improvements (except roads, trails, and fire-protection improvements) on any site, tract, or parcel of land the title to which is subject to infirmities, until the written opinion of the Attorney General in favor of the validity of the title has been had as in the case of other lands. For the purpose of this Act, values of lands and interests in land shall be determined by the consideration paid or to be paid. "The Attorney General is hereby authorized to approve the title to easements or rights-of-way to be acquired by or on behalf of the United States, subject to such infirmities as, in his opinion, will not jeopardize the interests of the United States. "Nothing in this Act shall be construed to limit the authority now or hereafter delegated to any officer in exercising the power of eminent domain for or on behalf of the United States, to take title to or pos- session of or to expend money for or upon any land or interest in land, 1083 Repeals. Constitutionality. Effective date of Act. October 9, 1940 [H. R . 9736] [Public, No. 825] R. 8. § 355, amend- ment. 34U.S.C. 1520. Ante, p. 19. Lands, etc., pur- chased by U. S. for public buildings. Validity of title to; requirements. "Low-value lands." Acceptance of title subject to infirmities. Proviso. Limitations. Easements or rights- of-way. Eminent domain. Authority of officer to take title, etc.
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