AR 405-10 — Acquisition Of Real Property And Interests Therein (reprinted W/basic Incl C1-2)
AR 405-10 governs the authority, policy, responsibility, and procedures for acquiring real property and interests therein for military purposes.
- Publication number: AR 405-10
- Title: ACQUISITION OF REAL PROPERTY AND INTERESTS THEREIN (REPRINTED W/BASIC INCL C1-2)
- Date: 05/14/1970
- Proponent: COE
- Status: ACTIVE
View AR 405-10 on armypubs.army.mil
It addresses acquisition methods, acquisition policies, leases, permits, easements, public domain land, and real estate in overseas commands. It also establishes approval requirements, site-selection procedures, boundary actions, relocation assistance, and responsibilities for Army real estate activities.
Applies to: This regulation sets forth the authority, policy, responsibility, and procedures for the acquisition of real property and interests therein, for military purposes by the Department of the Army.
Topics covered
- Real property acquisition authority
- Estates and acquisition methods
- Public domain land use
- Short-term leases
- Real estate clearances
- Right-of-entry procedures
- Installation boundaries
- Five-year firm term leases
Questions and answers
When can the Federal Government purchase land in the name of the United States?
No land will be purchased in the name of the United States except under a law authorizing such purchase (R.S. 3736; 41 U.S.C 14). (paragraph 1-3)
How can title to nongovernmentowned real property be acquired?
Title to nongovernmentowned real property will be acquired by (1) Purchase. (2) Condemnation. (3) Donation (when the authorization act specifies donation or the property is being acquired for one of the reasons in paragraphs A15, A16, A17, or A20b, c or d). (4) Exchange when specified by an authorization act. (paragraph 1-4)
What conditions must be established before a request to acquire real estate is considered or approved?
No request to acquire real estate by transfer, purchase, lease, or condemnation will be considered or approved unless it is established that (1) The activity to be accommodated is essential to an assigned mission. (2) Real property under the control of the Army is inadequate to satisfy the requirement. (3) No real property under the control of the Navy or Air Force or other Federal agency is suitable and available for use by the Army on a permit or joint use basis. (paragraph 1-4)
When does public domain land use require an Act of Congress?
Withdrawal, reservation, or restriction of more than 5,000 acres of the public domain must be approved by Act of Congress (para A11). (paragraph 2-5)
What approval is required for public domain use exceeding 500 acres?
Use of public domain either by public land order withdrawal or by permit requires the prior approval of the Assistant Secretary of Defense (I & L) if the total area exceeds 500 acres and the period of use exceeds one year or the value of the public domain exceeds $50,000. (paragraph 2-5)