12 U.S.C. § 1748d
Lease of property; terms and conditions
Whenever the Secretary of the Army, Navy, or Air Force determines that it is necessary to lease any land held by the United States on or near a military installation to effectuate the purposes of this subchapter, he may lease such land upon such terms and conditions as will, in his opinion, best serve the national interest. The authority conferred by this section shall be in addition to and not in derogation of any other power or authority of the Secretary of the Army, Navy, or Air Force.
Notes of Decisions
Cited in 5
cases, 1954–1962 · leading case: United States Ex Rel. Gamerston & Green Lumber Co. v. Phœnix Assurance Co. of New York, 163 F. Supp. 713 (N.D. Cal. 1958).
United States Ex Rel. Gamerston & Green Lumber Co. v. Phœnix Assurance Co. of New York, 163 F. Supp. 713 (N.D. Cal. 1958). “, a private construction company, to build Wherry Act (12 U.S.C.A. § 1748d) housing on government land, which was leased to Centerline by the government for seventy-five years.”
Sheridanville, Inc. v. Borough of Wrightstown, 125 F. Supp. 743 (D.N.J. 1954). “576 , 12 U.S.C.A. § 1748d. The 1947 legislation above mentioned commences with the following language: “That whenever the Secretary of War or the Secretary of the Navy shall deem it to be advantageous to the Government he is authorized to lease such real or personal property…”
Fairfield Gardens, Inc. v. United States, 306 F.2d 167 (9th Cir. 1962). “§§ 1748-1748h), the government owning the fee, and the property being leased to Fairfield (see 12 U.S.C.A. § 1748d, as enacted in 1949, 63 Stat.”
Fort Dix Apts. Corp. v. Borough of Wrightstown, 225 F.2d 473 (3rd Cir. 1955). “570 , 576, 12 U.S.C.A. § 1748d. In our view this provision of the National Housing Act merely permits leasing for military housing purposes, already covered by the general authorization of the 1947 Act, to be accomplished without regard to specified restrictions of the 1947 Act,…”
United States v. Centerline Gardens, Inc., 253 F.2d 133 (6th Cir. 1958). “§§ 270a-270e] applies to a lease of land under the Wherry Act [12 U.S.C.A. § 1748d] by the United States to a private corporation, for a term of 75 years at a specified annual rental, where no payments were made or required to be made by the United States to such corporation,…”
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