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SUMMARY OF CONTENTS
Page
Tables
I. Scope Note-
II. Sources of Authority for Acquisition of Property for War Purposes.
III. Methods of Acquisition---
IV. Property Subject to Acquisition..
VII. When Just Compensation Is To Be Paid.
VIII. The Authority to Exercise Governmental Discretion in Acquiring
Property for War Purposes.
IX. Appendix..
Index..
VII
1
36
47
50
75
78
90
99
107
II. SOURCES OF AUTHORITY FOR ACQUISITION OF PROPERTY FOR War
PURPOSES
A. War Power.
1. War Power Is Inherent in Sovereignty.
2. Constitutional Authority for Exercise of War Power
Pursuant to Congressional Statute..
2
XXX
XXXI
XXXIII
3. Constitutional Authority for Exercise of War Power
by the President Independently of Congressional
Authorization..
4. Authority Derived from International Law__
B. Certain Other Powers Available for Making War Power
Effective_.
1. Police Power.
2. Taxing Power..
3.. Eminent Domain_.
4. Treaty-Making Power..
5. Implied Powers Deduced From Combination of
Expressly Granted Powers__
C. Limitations on Authority to Expropriate for War Purposes--
1. Constitutional Limitations
2. Statutory Restrictions..
3. Treaty Restrictions_
4. International Law and Restrictions on Expropriation_
III. METHODS OF ACQUISITION-
A. Certain General Matters Applicable Under Various Methods
of Acquisition..
1. Attorney General's Approval of Title_
2. Consent of the State-Cession-Exclusive Juris-
diction___.
3. Broad Authority for Acquisition for War Purposes
Under the Second War Powers Act, 1942.-
4. Presence of General Legal Problems_
III. METHODS OF ACQUISITION-Continued.
B. Direct Purchase_
C. Exchange..
D. Gifts, Donations, Devises, and Bequests-
E. Condemnation_
F. Requisitions..
G. Capture, Reprisal, Retortion, and Contribution
H. Exercise of Police or Kindred Power-Forfeiture_.
I. Transfer of Government Property by Legislative or Executive
Action_..
IV. PROPERTY SUBJECT TO ACQUISITION-
A. General Principle...
B. Certain Problems Involved for Distinctive Types of Property.
1. Real Property in Private Ownership or Owned by
State or Political Subdivisions__
2. Personal Property in Private Ownership or Owned by
3. Property, Real or Personal, Owned by or Under the
Control of the United States or Agencies Thereof__
V. EXISTING STATUTES AUTHORIZING ACQUISITION_.
A. General Condemnation Statute, Act of August 1, 1888.
B. Declaration of Taking Act; Immediate Possession_
C. The Tucker Act, Providing Remedy in Certain Cases for
Obtaining Just Compensation___
D. Articles of War, Articles for the Government of the Navy,
Army, and Navy Regulations_-
E. Acts Relating to Territories, Possessions, District of Columbia
F. Statutes Relating to Acquisition of Property for War Pur-
poses--
1. The War Purposes Act..
2. Timber Act..
3. Barracks..
4. Nitrates-Products for Munitions_
5. Air Corps Stations, Ranges, Mobilization, Etc.,
Stations__.
6. Helium Gas Act.
7. Naval Petroleum and Conservation Act_.
8. Space for War Department-.
9. Coast Guard Stations_
10. Tennessee Valley Authority Act.
11. Veterans' Hospitals-
12. Naval Hospitals--
13. National Cemeteries.
14. Military Headquarters..
15. Aircraft Design...
16. Patented Inventions__
17. National Defense Act and Related Legislation-
Provision for Industrial Mobilization-The Arse-
23. Strategic and Critical Materials_
24. Rubber Program_.
25. Leasing for Military Purposes in the District of
Columbia
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74
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VII. WHEN JUST COMPENSATION IS TO BE PAID_
A. The Authoritative Sources for the Obligation to Pay Just
Compensation..
1. The Constitution_.
2. The Previously Established Domestic Law.
3. The Law of Nations...
4. Treaties _ _ _
5. Congressional Statutes..
6. Valid Military Orders_.
B. The Problem: Whether the Right to Take Includes the Right
to Confiscate____
C. Captured Property, Reprisals, Retortions, Requisitions, and
Contributions_.
1. Captures on Land..
2. Captures at Sea-Aircraft_
3. Reprisals and Retortions__
4. Requisitions and Contributions_
D. Alien Enemy Property Within This Country.
E. Private Property of Alien Friends or of Citizens Within the
United States__
F. Neutral Property-
G. Military Government-Martial Law
H. Doctrine of Immunity From Suit..
ACQUIRING PROPERTY FOR WAR PUrposes..
VIII. THE AUTHORITY TO EXERCISE GOVERNMENTAL DISCRETION IN
A. Constitutional Range of Discretion....
B. Judicial Choice__
C. Congressional Discretion-Legislative Policy-
D. Executive Discretion..
1. Executive Policy..
|- ,,,,,
2. Executive Discretion in Relation to Limits of Au-
thority.
94
3. Executive Discretion and Necessity of Taking-
4. Executive Discretion and Methods of Acquisition-
5. The Question of Conformity to Internationally Rec-
ognized Standards of Conduct___
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98
IX. APPENDIX_
Acquisition of Property During Past Wars___
A. Revolutionary War..
INDEX...
B. War of 1812.
C. Mexican War.
D. War Between the States..
E. War with Spain____
F. World War Years 1917-18..
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103
III. METHODS OF ACQUISITION—Continued.
B. Direct Purchase_.
D. Gifts, Donations, Devises, and Bequests---
E. Condemnation_.
IV. PROPERTY SUBJECT TO ACQUISITION.
A. General Principle___
State or Political Subdivisions..
State or Political Subdivisions.
V. EXISTING STATUTES AUTHORIZING ACQUISITION_
G. Capture, Reprisal, Retortion, and Contribution_
H. Exercise of Police or Kindred Power-Forfeiture_
Action___
A. General Condemnation Statute, Act of August 1, 1888-
B. Declaration of Taking Act; Immediate Possession..
Army, and Navy Regulations___
E. Acts Relating to Territories, Possessions, District of Columbia_
poses
1. The War Purposes Act.
2. Timber Act.
4. Nitrates-Products for Munitions.
! ! ! !
Stations
nal of Democracy-
7. Naval Petroleum and Conservation Act.
8. Space for War Department--.
9. Coast Guard Stations -
10. Tennessee Valley Authority Act-
11. Veterans' Hospitals..
12. Naval Hospitals ---
13. National Cemeteries__
14. Military Headquarters___
15. Aircraft Design_-_
16. Patented Inventions_.
18. Second War Powers Act, 1942.
24. Rubber Program__.
Columbia..
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73