Page:United States Statutes at Large Volume 73.djvu/361

 73 S T A T. ]

PUBLIC LAW 86-149-AUG. 10, 1959

SEC. 415. Section 403 of the Housing Amendments of 1955 is amended by adding at the end thereof a new subsection as follows: "(d) On request Dv the Secretary of Defense, the Attorney General shall furnish to the Secretary of Defense, or his designee, an opinion as to the sufficiency of title to any property on which it is proposed to construct housing, or on which housing has been constructed, under this section. If the opinion of the Attorney General is that the title to any such property is good and sufficient, the Secretary of Defense is authorized to guarantee, or enter into a commitment to guarantee, the mortgagee, under a mortgage on such property which is insured under title VIII of the National Housing Act, against any losses that may thereafter arise from adverse claims to title. None of the proceeds of any mortgage loan hereafter insured under such title VIII shall be used for title search and title insurance costs: Provided, That if the Secretary of Defense, or his designee, determines in the case of any housing project, that the financing of the construction of such project is impossible unless title insurance is provided, the Secretary may provide for the payment of the reasonable costs necessary for obtaining title search and title insurance. Any payments by the Secretary hereunder shall be made from the revolving fund established under section 404(g). Any determination by the Secretary under the foregoing proviso shall be set forth in writing, together with the reasons thereior. The Committees on Armed Services of the Senate and House of Representatives shall be promptly notified of each such determination, and of the amount of any payment made by the Secretary for title search and title insurance costs." SEC. 416. None of the authority contained in titles I, II, and III of this Act shall be deemed to authorize any building construction project within the continental United States (other than Alaska) at a unit cost in excess of— '1) $32 per square foot for cold-storage warehousing; 2) $6 per square foot for regular warehousing; 3 J $1,850 per man for permanent barracks; ,4) $8,600 per man for bachelor officer quarters; unless the Secretary of Defense determines that, because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable. SEC. 417. Section 4 of the Act of April 3, 1968 (72 Stat. 78), is amended by striking out "$600,000" and inserting in place thereof "$900,000". SEC. 418. Section 404(o)(2) of the Housing Amendments of 1966 is amended by striking the first two sentences thereof and substituting the following language: "In any condemnation proceedings instituted to acquire any such housing, or interest therein, the court shall not order the party in possession to surrender possession in advance of final judgment unless a declaration of taking has been filed, and a deposit of the amount estimated to be just compensation has been made, under the first section of the Act of February 26, 1981 (46 Stat. 1421). The amount of such deposit for the purpose of this section shall not in any case be less than an amount ecjual to the actual cost of the housing (not including the value of any improvements installed or constructed with appropriated funds) as certified by the sponsor or owner of the project to the Federal Housing Commissioner pursuant to any statute or any regulation issued by the Federal Housing Commissioner, reduced by the amount of the principal obligation of the mortgage outstanding at the time possession is surrendered, but any such deposit shall not include any excess mortgage proceeds or 'windfalls,' kickbacks and rebates received in connection with the construction of said housing as determined by the Department of Defense,

323 69 Stat. 651. 42 USC 1594.

63 Stat. 570. 12 USC 1 7 4 8 17481.

70 Stat. 1111. 42 USC 1594a. Notification to Congreaalonal commlttaea.

Condamnation procaaeUngat 72 Stat. 663. 42 USC lS94a.

40 USC 258*.

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