42 U.S.C. § 2342

Disposal of property

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(a) Property under lease or license agreementThe Commission shall offer for disposal all real property (including such improvements thereon and such fixtures, equipment, and other personal property incident thereto as it may deem appropriate) within the community which is presently under lease or license agreement with the Commission or its community management contractor for residential, commercial or industrial, agricultural, church or other nonprofit use, or which, in the opinion of the Commission, is appropriate for such use, other than—(1) structures which in the opinion of the Commission should be removed from the community because of their unsatisfactory type of construction, condition, or location; or(2) property which in the opinion of the Commission should be transferred pursuant to subchapters VI or VII; or(3) property which in the opinion of the Commission should be retained by the Commission for its own use.(b) Discretionary disposal of other real property

The Commission may, but shall not be required to, dispose of any other real property at the community, whether within or outside of that community.

Such property shall be disposed of on such terms and conditions, consistent with this subchapter, as the Commission shall prescribe in the national interest, and without regard to any preferences or priorities whatever except those provided for pursuant to this chapter. Transfers by the Commission of such property shall not impair rights under existing leases and covenants, including any purchase rights therein conferred.

(Aug. 4, 1955, ch. 543, ch. 5, § 52, 69 Stat. 476; Pub. L. 87–719, § 9, Sept. 28, 1962, 76 Stat. 665.)Editorial NotesAmendments

1962—Subsec. (a). Pub. L. 87–719 added cl. (3).

Statutory Notes and Related SubsidiariesTransfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.

Notes of Decisions

Cited in 4 cases, 1981–2019 · leading case: PDR Network, LLC v. Carlton Harris Chiropractic, Inc., 139 S. Ct. 2051 (2019).

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PDR Network, LLC v. Carlton Harris Chiropractic, Inc., 139 S. Ct. 2051 (2019). “See 42 U. S. C. §§2342 (2)–(7). Cite as: 588 U.”

Citizens Awareness Network, Inc. v. United States, 391 F.3d 338 (1st Cir. 2004). “Even if one were tempted to suppose that Congress simply misspoke in limiting Hobbs Act jurisdiction to the review of orders, other sections of the Act would seem to militate against a judicial reconstruction of the term “order” to encompass rulemaking. The Act explicitly…”

San Luis Obispo Mothers for Peace v. Hendrie, 502 F. Supp. 408 (D.D.C. 1981). “§ 2239 (b), provides that a “final order entered in any proceeding [for a license] shall be subject to judicial review in the manner prescribed in [ 42 U.S.C. § 2342 ].” That section, in turn, establishes that “a court of appeals has exclusive jurisdiction” to review such final…”

PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (2019). “See 42 U.S.C. §§ 2342 (2)-(7). If a party challenges an agency action in a facial, pre-enforcement suit, that specific party may be barred by ordinary preclusion principles from relitigating the same question against the agency in a future enforcement action.”

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