42 U.S.C. § 1522

Definitions; actions to recover developed property

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As used in subchapters II to VII of this chapter, (a) the term “persons engaged in national-defense activities” shall include (1) enlisted men in the naval or military services of the United States; (2) employees of the United States in the Departments of the Navy, Army, and Air Force assigned to duty at naval or military reservations, posts, or bases; (3) workers engaged or to be engaged in industries connected with and essential to the national defense; (4) officers of the Army, Air Force, and Marine Corps not above the grade of captain, and officers of the Navy and Coast Guard, not above the grade of lieutenant, senior grade, assigned to duty at naval or military reservations, posts, or bases, or to duty at defense industries: Provided, That any proceedings for the recovery of possession of any property or project developed or constructed under this subchapter shall be brought by the Secretary of Housing and Urban Development in the courts of the States having jurisdiction of such causes and the laws of the States shall be applicable thereto; (b) the term “Federal agency” means any executive department or office (including the President), independent establishment, commission, board, bureau, division, or office in the executive branch of the United States Government, or other agency of the United States, including corporations in which the United States owns all or a majority of the stock, directly or indirectly.

Notes of Decisions

Cited in 4 cases, 1944–1958 · leading case: United States v. City of Chester, 144 F.2d 415 (3rd Cir. 1944).

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United States v. City of Chester, 144 F.2d 415 (3rd Cir. 1944). “* * * Provided further, That where the Administrator shall consider that there is no reasonable prospect of disposing of such housing to meet a need extending beyond the emergency he shall construct temporary units * * Section 2 of the Act, 42 U.S.C.A. § 1522 , states that “the…”

Louis A. Ehrlich v. United States, 252 F.2d 772 (5th Cir. 1958). “Appellant contends that the United States District Court has no jurisdiction to hear the suit, under an express provision of the Lanham Act, 42 U.S.C.A. § 1522 : “ * * * any proceedings for the recovery of possession of any property * * * under this sub-chapter shall be brought…”

Gibbs v. United States, 150 F.2d 504 (4th Cir. 1945). “Section 2 of the Act, 42 U.S.C.A. § 1522 , defines the phrase “persons engaged in national-defense activities” and continues: “Provided, That any proceedings for the recovery of possession of any property or project developed or constructed under this subchapter shall be brought…”

Wittek v. United States, 54 A.2d 747 (D.C. 1947). “Since we conclude that the trial court correctly decided each of the issues involved, it results that the judgment below must be Affirmed. Code 1940, § 5—101 et seq.”

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