Page:United States Statutes at Large Volume 48 Part 1.djvu/96

 70 Sale, etc., of vacant real estate. Conditions of sale. La nd for Govern- ment use excluded . "rorisos Preference right of States, etc ., not abridged . Max imu m ter m of lease. Sale conditional on use . Condemnatio n pro- ceedings for acquisition of nec •'ssary lands, etc Jurisdiction of court . Commissioners to be appointed Qualifications . Per d iem, sub sist- ence, etc . Proceedings, in ap- prais emen t . Report, making sepa- rate award of each par- cel, to be filed . Notic e of, to parti es to proceeding . Exceptions to award . 73d CO- GRESS . SESS. I. CH. 32. MAY 18, 1933 . of this Act, the President is further authorized to sell or lease any parcel or part of any vacant real estate now owned by the Govern- ment in said Tennessee River Basin, to persons, firms, or corporations who shall contract to erect thereon factories or manufacturing estab- lishments, and who shall contract to purchase of said Corporation electric power for the operation of any such factory or manu- facturing establishment. No contract shall be made by the Presi- dent for the sale of any of such real estate as may be necessary for present or future use on the part of the Government for any of the purposes of this Act. Any such contract made by the President of the United States shall be carried out by the board

Provided, That no such contract shall be made that will in any way abridge or take away the preference right to purchase power given in this Act to States, counties, municipalities, or farm organizations : Provided f u .r•- the r, That no lease shall be for a term to exceed fifty years : Provided further, Th at any sale shall be on condit ion th at said land shall be used for industrial purposes only. SEC. 25 . The Corporation may cause proceedings to be instituted for the acquisition by condemnation of any lands, easements, or rights of way which, in the opinion of the Corporation, are necessary to carry out the provisions of this Act. The proceedings shall be institut ed in the United S tates dis trict co urt for t he distri ct in whi ch the land, ease ment, rig ht of way, or other inte rest, or any p art thereof, is located, and such court shall have full jurisdiction to divest the complete title to the property sought to be acquired out of all persons or claimants and vest the same in the United States in fee simple, and to enter a decree quieting the title thereto in the United States of America. Upon the filing of a petition for condemnation and for the pur- pose of ascertaining the value of the property to be acquired, and assess ing th e comp ensati on to be pai d, the court shall appoin t thre e commissioners who shall be disinterested persons and who shall take and subscribe an oath that they do not own any lands, or interest or easement in any lands, which it may be desirable for the United States to acquire in the furtherance of said project, and such com- missioners shall not be selected from the locality wherein the land sought to be condemned lies. Such commissioners shall receive a per diem of not to exceed $15 for their services, together with an additional amount of $5 per day for subsistence for time actually spent in performing their duties as commissioners. It shall be the duty of such commissioners to examine into the value of the lands sought to be condemned, to conduct hearings and receive evidence, and generally to take such appropriate steps as may be proper for the determination of the value of the said lands sought to be condemned, and for such purpose the commissioners are author- ized to administer oaths and subpoena witnesses, which said witnesses shall receive the same fees as are provided for witnesses in the Fed- eral courts. The said commissioners shall thereupon file a report setting forth their conclusions as to the value of the said property soug ht to be c ondem ned, maki ng a sepa rate award and valu ation in the premises with respect to each separate parcel involved. Up on the filing of such award in court the clerk of said court shall give notice of the filing of such award to the parties to said proceeding, in manner and form as directed by the judge of said court. Either or both parties may file exceptions to the award of said commissioners within twenty days from the date of the filing of said award in court. Exceptions filed to such award shall be heard before three Feder al dis trict judges unless the p arties, in w riting ,