Page:United States Statutes at Large Volume 55 Part 1.djvu/767

 742 PUBLIC LAWS--CII. 445-OCT. 16, 1941 [CHAPTER 445] October 16, 1941 [S. 1579] [Public Law 274] Requisitioning of property for national defense. 6F. R. 2617. Conditions. Determination of amount of compen- sation. Settlement of differ- ences. 28U. s. C. §41 (20). 250. Limitations. Repurchase of prop- erty. [55 STAT. AN ACT To authorize the President of the United States to requisition property required for the defense of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the President, during the national emergency declared by the Presi- dent on May 27, 1941, but not later than June 30, 1943, determines that (1) the use of any military or naval equipment, supplies, or munitions, or component parts thereof, or machinery, tools, or mate- rials necessary for the manufacture, servicing, or operation of such equipment, supplies, or munitions is needed for the defense of the United States; (2) such need is immediate and impending and such as will not admit of delay or resort to any other source of supply; and (3) all other means of obtaining the use of such property for the defense of the United States upon fair and reasonable terms have been exhausted, he is authorized to requisition such property for the defense of the United States upon the payment of fair and just compensation for such property to be determined as hereinafter provided, and to dispose of such property in such manner as he may determine is necessary for the defense of the United States. The President shall determine the amount of the fair and just compensa- tion to be paid for any property requisitioned and taken over pur- suant to this Act and the fair value of any property returned under section 2 of this Act, but each such determination shall be made on the basis of the fair market value of the property at the time it is requisitioned or returned, as the case may be. If, upon any such requisition of property, the person entitled to receive the amount so determined by the President as the fair and just compensation for the property is unwilling to accept the same as full and complete com- pensation for such property he shall be paid 50 per centum of such amount and shall be entitled to sue the United States in the Court of Claims or in any district court of the United States in the manner provided by sections 24 (20) and 145 of the Judicial Code (U. S . C ., 1934 ed., title 28, sees. 41 (20) and 250) for an additional amount which, when added to the amount so paid to him, he considers to be fair and just compensation for such property. Such courts shall also have power to determine in an appropriate proceeding any questions that may arise with respect to the amount of the fair value to be paid upon the return of any property under section 2 of this Act, regard- less of the amount in controversy in any such proceeding. Nothing contained in this Act shall be construed- (1) to authorize the requisitioning or require the registration of any firearms possessed by any individual for his personal pro- tection or sport (and the possession of which is not prohibited or the registration of which is not required by existing law), (2) to impair or infringe in any manner the right of any indi- vidual to keep and bear arms, or (3) to authorize the requisitioning of any machinery or equip- ment which is in actual use in connection with any operating factory or business and which is necessary to the operation of such factory or business. SEC. 2. Wherever the President determines that property acquired under this Act and retained is no longer needed for the defense of the United States, he shall, if the original owner desires the property and pays the fair value thereof, return such property to the owner; but, m any event, property so acquired and retained shall, if the owner desires the property and pays the fair value thereof, be returned to the owner not later than December 31, 1943.

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