10 USC 2669 - Sec. 2669. Easements for rights-of-way: gas, water, sewer pipe lines
10 USC - U.S. Code - Title 10: Armed Forces (January 2004)
Permanent Link:
http://vlex.com/vid/19221722
Id. vLex: VLEX-19221722
Click here to download this article in graphic format (Acrobat Reader)
Search in this document
Document options
(a) If the Secretary of a military department finds that it will be in the public interest and will not substantially injure the interest of the United States in the property affected, he may grant, upon such terms as he considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under his control, for gas, water, and sewer pipe lines, to a State, Territory, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Territory, Commonwealth, or possession. (b) No easement granted under this section may include more land than is necessary for the easement. (c) The Secretary of the military department concerned may terminate all or part of any easement granted under this section for - (1) failure to comply with the terms of the grant; (2) nonuse; or (3) abandonment. (d) The Secretary concerned shall include in his annual report to the President a complete statement of each easement granted under this section, including the name and address of the grantee, the purpose of the grant, and the benefits accruing to the United States or to the public. (e) Subsections (c) and (d) of section 2667 of this title shall apply with respect to in-kind consideration and proceeds received by the Secretary of a military department in connection with an easement granted under this section in the same manner as such subsections apply to in-kind consideration and money rentals received pursuant to leases entered into by that Secretary under such section.
Historical And Revision Notes Revised Source (U.S. Code) Source (Statutes at section Large) 2669(a) 10:1351 (less 2d and last May 17, 1926, ch. 313, provisos). Sec. 1, 44 Stat. 562; Oct. 25, 1951, ch. 563, Sec. 101 (22d through 30th words), 65 Stat. 641. 2669(b) 2669(c) 2669(d) [No source]. 10:1351 (2d proviso). 10:1351 (last proviso). Section 101 of the Act of October 25, 1951, cited above, makes the Act of May 17, 1926, cited above, applicable to the Navy. In subsection (a), the word "conditions" is omitted as covered by the word "terms". The descriptions of the lands and persons covered are restated to reflect an opinion of the Judge Advocate General of the Army (JAGR 1952/3179, 27 Mar. 52). The words "and empowered", "of the United States", "across", and "military reservations and other" are omitted as surplusage.The word "Commonwealth" is inserted to reflect the present status of Puerto Rico. Subsection (b) is inserted for clarity and is based on the above cited opinion.In subsection (c), the words "any easement" are substituted for the words "such rights-of-way". The word "terminate" is substituted for the words "annulled and forfeited". The words "and conditions" are omitted as covered by the word "terms". The words "of rights granted under the authority hereof" are omitted as surplusage.In subsection (d), the words "a complete statement of each easement" are substituted for the words "a full and complete statement of each and all easements". AMENDMENTS 2003 - Subsec. (e). Pub. L. 108-136 substituted "Subsections (c) and (d)" for "Subsection (d)" and "subsections apply to in-kind consideration and" for "subsection applies to" and inserted "in-kind consideration and" before "proceeds". 2000 - Subsec. (e). Pub. L. 106-398 added subsec. (e). Section Referred To In Other Sections This section is referred to in sections 2667, 2668 of this title.
