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B-148989-O.M. 1 (1962-06-18)

handle is hein.gao/gaobadaft0001 and id is 1 raw text is: 




















                                                June 18, 1962



Director, Civil Accountiz and Auditing Division
     Returned.  Section 3736, Revised Statutes, 41 U.S.C. 34, probibitc
the acquisition of land in the absene of a law authorising such purchase.
In applyqag this statute it has been held that the authority to purchase
land on acount  ot the United States need not be conferred by express
provision of statute but the purchase ma be implied depening  upan
the facts and olreumstances involved. See B-3480%, Juno 25, 1943;
R-1S56,   JuZy 16, 1953.

     Authority for the Coast Guard to acquire Iand is provided in its
.eablig  legislation lh U.S.C. 92(f). This section was designed to
givn the Coast Guard authority general2y to acquire land or Laterests
in land within the liite  of appropriations made tharefor. Thus, the
question to be doided  is whether the approprtaties '2020201 Operatq;
Expenses, GOast Guard, otatuaaed in the Treasury Departumnat Appropria-
tion Act, 1961, 74 Stat. 285, is properly chargeable with the sum of
$15,000 depouited with the Clerk of the DistrLat Curt of the United
States for the District of Coneticut  as  just copensation for the
acquisition of 35 acres of land through candemoation.

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