About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-95136 1 (1978-07-12)

handle is hein.gao/gaobadgfd0001 and id is 1 raw text is: THE C1OMNPTROLLEP SENEPAL DECISION 14 CFe T H F.uNyiTEDas B TATES8 WAS INc3T0N,. FL 2031P FILE: B-95136 DATE: July 12* -1978 MATTER O: Economy A)ct Application to Condemnation Proceedings DIGEST: Economy Act, 40 U.S.C. 278a, which pro- hibits the Government from entering into a lease wherein the annual rental to be paid exceeds 15 percent of the fair market value of the property, precludes the ini- tiation of condemnation proceedings under the Declaration of Taking Act, 40 U.S.C. 258a, when agency believes condemnation award would exceed 15 ,ercent limitation. The Administrator of General Services requests our opinion on the application of section 322 of the Economy Act of June 30, 1932, 40 U.S.C. 278a (1970), to condemnation proceedings. The Administrator be- lieves that the Act is not applicable. The Department of Justice, which is responsible for instituting and littgating condemnation matters, takes a contrary view. The question arises out of the need of the General Services Administration (GSA) for continued occupancy of approximately 73,104 square feet in the Ford Building, 5F5 West 57th Street, New York, New York, for assignment to the Drug Enforcement Administration (DEA). A five-year lease for the space expired on January 31, 1978, and since that date occupancy has continued with agreement of the owner on a month- to-month basis, not to exceed six months under the same terms as included in the expired lease. A dispute has arisen betw;een the contracting officer and the landlord concerning the fair rental value of the space. GSA states that no viable alternative to continued occupancy exists, and has proposed that a ten-year leaschold interest be acquired by er;inent domain pursuant to the Declaration of Taking Act, 40 U.S.C. 258a et seq. (1970). I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most