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A79194 1 (1896-11-26)

handle is hein.gao/gaobadacl0001 and id is 1 raw text is: TITLE TO SITE FOR A PUBLIC BUILDINU. PURCHASE OF TITLE TO SITE FOR A PUBLIC BUILDING. Until the written opinion of the Attwrney-General shall be had in favor of the vatlidity of the title to a site for a public building, as required by section 355 of the Revised Statutes, the Comptroller of the Treas- uiry will not decide the question whether the appropriation made for the site is available for the purchuse of the fee of the land which is suliject to certain outstanding leases. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OP THE TRrASURY, .November 21, 1896. Sm: I am in receipt of you- letter of the 18th instant, relat- . ing to the acquisition of a certain lot or piece of grouid in the . city of Philadelphia to be used in counection with the post- office building in said city, under the appropriations contained int the acts of August 18, 1894 (2.S Stat., 373), March 2, 1895 (28 Stat., 12), anid June 8, 1806 (29 8tat.. 275.) It appears that condemnation proceedings were duly insti- toted, which resulted in the following awards: To th owner ot the fee, as damages, $85,000; to Klein & Bro., tenants, tbr the iiprovements on the Market street front, 87,500, and to the tenant upon the rear of the lot, $1,200, a total of $93,700; that the total appropriations nade in the acts above cited amount to $91,000; that certain expenses properly chargeable to the appropriations have been incurred which will reduce that amount several hundred dollars. It has been suggested that the Government abandon the condeiniation proceedings and purchase the fee, subject to the outstaiding leases. You ask whether such purchase can be made. Section 355, Revised Statutes, specifically provides that- No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort. lbrtification, navy-yard, cus- tom-house, lighthouse, or other public building, of any kind whatever, until the written opinion of the Attorney-General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. T am clearly of the opinion that this section not only pro- hibits payment for land to be used for the purposes therein P95

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