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secept the same es full and complete compensation for
sueh property or the use thereof, he shall be paid
promptly 75 per centum of such emount end shall be
entitled to recover from the United States, in an action
brought in the Court of Clains or, without regard to whether
the amount involved exceeds $10,000, in any district court
of the United States, within three years efter the date of the
President's merd, an additional amount which, when added
to the amount so paid to him, shall be just. compensation.
No real property (other than equipment and facilities,
end buildings and other staustures, to be demolished and used
as serap or second-hand materials) shall be aequired under
this subsection.
Section 201(b). Whenever the President deems it
necessiry in the interest of national defense, he may
acquire by purchase, donation, or other means of
transfer, or may esuse proceedings to be instituted in
TRUMAN,
any acquire court by having condemitation, jurisdietion any real of such property, proceedings
to
-NATIONAL
of
including
RECORDS
ADMIN."
facilities, temporery use thereof, or other interest
the
therein, together with any personal property located
thereon or used therewith, that he deems for
the national defense, gueh proceedings to be in
accordance with the Aet of August 1, 1888 (25 Stat. 357),
as emended 257 of Title 407, or any other
applicable Federal statute. *
"
*
The folloving considerations indicate that relinnee on this
statute vould not be well placed.
1. Seetion 201(a) was part of the original Defense Production
Aet of 1950. Its legislative history shows that it vas intended primmrily
to provide for the requisition of personal property-meterials and supplies-
if by any statute,
leaving the seizure of entire businesses to be covered " by Section 18 of the
Selective Service Act of 1948. However, the history also shows that the
lenguage Vas intentionally made troad enough to cover acizure of businesses.
But the 1951 amendments to the Act effectively restricted this power by
providing that the requisition pover is limited to personal property, mn that
teal property nust be taken under ordinery condenmation proceedings; Section
201(b), spelling out these requirements, wes added by the 1951 Act.
Thus to seize the plants, which unquestionably are realty, we ere
feced with the need of preparing declarations of taking and obtaining court
orders under ordiniry aminent domain proceedings. This is entirely too
cumbersome to be feasible for emergency use. Nor em ve see any feasille way
of avoiding the condemntion procedure by proceeding under Section 201(a),
It is impossible to requisition either the plants or their use vithout taking
either the realty or its use. We evuld requisition 51% of the stock, but this
would presumably involve some preliminary method of obtaining access to the
- 5 -
Page data
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- Type
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- Media ID
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Document data
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DTO data
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Context sent to Scholar
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Page context
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"ocrText": "secept the same es full and complete compensation for\nsueh property or the use thereof, he shall be paid\npromptly 75 per centum of such emount end shall be\nentitled to recover from the United States, in an action\nbrought in the Court of Clains or, without regard to whether\nthe amount involved exceeds $10,000, in any district court\nof the United States, within three years efter the date of the\nPresident's merd, an additional amount which, when added\nto the amount so paid to him, shall be just. compensation.\nNo real property (other than equipment and facilities,\nend buildings and other staustures, to be demolished and used\nas serap or second-hand materials) shall be aequired under\nthis subsection.\nSection 201(b). Whenever the President deems it\nnecessiry in the interest of national defense, he may\nacquire by purchase, donation, or other means of\ntransfer, or may esuse proceedings to be instituted in\nTRUMAN,\nany acquire court by having condemitation, jurisdietion any real of such property, proceedings\nto\n-NATIONAL\nof\nincluding\nRECORDS\nADMIN.\"\nfacilities, temporery use thereof, or other interest\nthe\ntherein, together with any personal property located\nthereon or used therewith, that he deems for\nthe national defense, gueh proceedings to be in\naccordance with the Aet of August 1, 1888 (25 Stat. 357),\nas emended 257 of Title 407, or any other\napplicable Federal statute. *\n\"\n*\nThe folloving considerations indicate that relinnee on this\nstatute vould not be well placed.\n1. Seetion 201(a) was part of the original Defense Production\nAet of 1950. Its legislative history shows that it vas intended primmrily\nto provide for the requisition of personal property-meterials and supplies-\nif by any statute,\nleaving the seizure of entire businesses to be covered \" by Section 18 of the\nSelective Service Act of 1948. However, the history also shows that the\nlenguage Vas intentionally made troad enough to cover acizure of businesses.\nBut the 1951 amendments to the Act effectively restricted this power by\nproviding that the requisition pover is limited to personal property, mn that\nteal property nust be taken under ordinery condenmation proceedings; Section\n201(b), spelling out these requirements, wes added by the 1951 Act.\nThus to seize the plants, which unquestionably are realty, we ere\nfeced with the need of preparing declarations of taking and obtaining court\norders under ordiniry aminent domain proceedings. This is entirely too\ncumbersome to be feasible for emergency use. Nor em ve see any feasille way\nof avoiding the condemntion procedure by proceeding under Section 201(a),\nIt is impossible to requisition either the plants or their use vithout taking\neither the realty or its use. We evuld requisition 51% of the stock, but this\nwould presumably involve some preliminary method of obtaining access to the\n- 5 -"
}