Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A Mm January 23, 1964 A GSA HANDBOOK GENERAL SERVICES ADMINISTRATION WASHINGTON, D. C. Cbeeee eves ‘ 8 agentes © ae * 5» 824 —— Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1690.54 Jamuary 23, 1964 ACQUISITION OF REAL PROPERTY + EXCEPT LEASEHOLD INTERESTS CHAPTER 1. CHAPTER 2. CHAPTER 3. CHAPTER 4, CHAPTER 5. CHAPTER 6. TABLE OF CONTENTS GENERAL INSTRUCTIONS PUBLIC ADVERTISING FOR, AND SELECTION OF, SITES ACTION GUIDES FOR THE ACQUISITION OF REAL PROPERTY VOLUNTARY CONVEYANCES CONDEMNATION ACQUISITION OF EASEMENTS i and ii Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 TABLE OF CONTENTS Paragraph Paragraph Titles Mumbers CHAPTER 1. GENERAL INSTRUCTIONS Purposes 6.54 8-608 SS at es hee es ey Fete. cor. pat Fanta Rte ae res ee, Applicability ©. 6 2 6 6 2 6 ee we we we we we a hos a ea vs i. oe AUtHOrI TY we hs hee can fae we Pe BN Gt Ghee ay ST ee ea ee A a ee AS Policy: Building. Sites! io cc Ghee eee es Ee ee Sh 4 Planning and Acquisition . .... +. .+4 sss ee ee ad el z 5 Site Size and Characteristics .... 2. e- eee eee wee cc “6 LOCeti on: ce ies ek Ae ee? a ee ae RY ee SO Ree abs 7 Acguisition Policy sity OR ole Mbps ie ee ca Te Mem iar ‘gt as as as es 8 Initietion of Acquisition Action goLials ae SOURS “te NE Ore ee Se ee ees 9 Figure 1-€. Net Postal Space on First Floor--Square Feet i and ii Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1500.5A January 23, 1964 CHAPTER 1. GEVERAL 1. PURPOSE. This handbook prescribes the instructions and procedures for the program activities of the General Services Administration for the acquisition of land and interests therein, except leaseholds, pursuant to the provisions of the Public Buildings Act of 1959 (40 U.S.C. 601-615) and certain other acts authorizing acquisition of lands for other Federal agencies. 2. APPLICABILITY. The instructions and procedures in this handbook apply — to all organizational elements of GSA in the Central Office and regional offices concerned with the acquisition of land and interests therein, except leaseholds, within the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. 3. AUTHORITY. The authority of GSA to acquire interests in real property is vested in the Administrator. This authority, to a large extent, has been delegated to the Commissioner, Public Buildings Service, and is exercised by the Regional Administrator when directed by the Commissioner, FES. All authority exercised in connection with the instructions and procedures prescribed in this handbook shall be in accordance with the authcerity delegated to the Assistant Commissioner for Space Manage- ment, or to the Regional Administrators, or successively redelegated to other officiels, and shall be subject to such administrative limitations and directives es are in effect on the date of the exercise of such authority. 4, POLICY: BUILDDIG SITES. It is the policy of the General Services Acxministration to: @.- Locate a proposed Federal building on a site which will contribute to economy and efficiency in the construction, maintenance and opera- tion of the building in the management of the Government's total space needs in the commmity, and in the conduct of the Federal business for which the building is planned. Generally, a site in the central business district offers the greatest potential in meeting all of these requirements. b. Utilize property already owned by the Government if it ia adequate and economically adaptable to the requirements of the activities to be housed in the proposed building and properly located. c. Lecate on a site adjacent to cr in the proximity of an existing Tederal building if such building 4s well located and is to be re- tained for long-term occupancy. % ~ CHAPTI™ 1 3 PAR 1 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Fes: P1600. 54 January 23, 19¢4 dad. Consider a location in established civic or redevelopment centers, which offer suitable sites, provided such centers are well planned, financed and development initiated and assured. 5. PLANNING AND ACQUISITION. The following determinations are necessary: a. Size and characteristics of site. b. Area in which site should be located. c. Probable cost. a. Method of acquisition. 6. SITE SIZ AND CHARACTERISTICS. Considerations essential in selecting @ specific site or in the evaluation of prospective sites within a general area are: a. Required ground area of the building as determined by first floor or single floor requirements. For general-purpose building a factor of 65% gross to net area may be used to calculate ground area from first floor net area. Graph figure 1-6 shall be used for Post Offices. >. Locel construction and zoning ordinances and regulations dealing with building heights and setbacks, from property lines and for upper floors, provided that compliance therewith would not impose an undue econamic burden on the Govermment. c. Generel seismic or foundation conditions which may influence building height. a. Motor vehicle requirements for parking, maneuvering, and inspec- tions and for motor pool operations. e. Possibility of future expansion of building by construction exten- sions. 7. LOCATION. a. The factors to be considered in establishing general location are: (1) Convenience to the public. (2) Convenience to and suitability of environs for employees. CHAP 1 PAR & 2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 P35 > 1500.54 CEGE 5 pecemter 7, 1556 $ -Depustment and Courts. (4) Conformity with established municipal planning. (5) Growth trends. ; (6) Preverticz oF uneconomic use of flood pleins. o. Additional Pactors to be considered in selecting a specific site are: oe (1) Using 6n existing Government-owned site and ecquiring contig- ucus area as necessary. (2) Subdsurfece and topograzhic conditions, availability of util- ities, easy access, and parking. On ACQULSZEION POLICY. Whenever possible, title to real property will be acquired Dy voluntary corveyance in accordance with the procedures set forth in this bendscok, at a price compatible with the feir market value. Ovners or terscas occupying real property under arrangement with cwners will mot be requireé to relirguish possession without their consent until ectual payment nas been made to the parties in interest ursuent tO & purchase contrest, or a Leclarstion of Textns has been Tilec in conjunction with @ condemration proceeéing and the Govern- ment's estimate cr just compensation depositeé in the registry of the court. 5. INITIARION GF ACQUISITION ACTION. a. Action for the accuisition of real nroperty originates in Central Office with the issuance of en aporotriate directive signed by the faninistrator, or F35 official to whom such e@utnority has been dele- getec, and is tramsmitted to the responsible regional office. ‘The _Girective seus forwn tne site requiremercts ané specifications inclucing, woer eprpropriave, delineation of the area within which a site would de ecceptacle, whether public advertising will be used for site eccuisition, and ouher pertinent data. o. Regional offices shall forwerd promptly to the Office of Space Manegeneat information regarding any request by e Federal egency for tke acquisiticn of real property, wnere the recuest is meade directly vO the regioza: oflice, enc is received in eadvacce of an appropriate directive from the Central Office. CHAP 1 3 PaR 7 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 roo P 1030.54 CET 2 December 7, 16¢ ° ° °. ° ~ °o °°: °. [ °o ° o. —) ee) oe ®) ° im [) °° a ¢ “4 pe - 3 o fon) ‘ w 1 o 6 > ° iS) =S 5. “S Be ys 2 = nN - ov - L o> = ze a5 . w & 5 ° © o = 5 c . S$ § o 3 iq 7 & [= Ears 3 ae sed t . wo le id o zz S a © Se er = o = - = 4 2s a z °o eee eee ik VARS CAR eee oO aa s o z ee ee ee eT et SRST CAN TAS CRE A SS ° 3) of g SERRE Ee BASIS Seen, EE CSS SIS bso eam een 6s is az i ABeeee cae. t meniaeiordedentanp ttt titi }4 & r=] w « fe Sea Ss BER PR A Se Se See ee ees we “ - > te SEaraene - of 2 Eee PRR SS Pe ee RRS. Ce Ss ee ee oe S66 : ' WHEE SEREDREERS CERES zo eet : ee eS wabaszeraw a ee te Approvel of Title by the Attorney General . Transmittal of Title Evidence to the Department of Justice Abstracts of Title ... Certificates of Title, Reports. of Title, “and. Interim. Title Insurance Binders .,....24-+ +. «e« « © e © «6 @ Intermediate Title Certificate or Binder .., Where Vendor is not Title Hoider but Purchaser. Gnder a Sales Contract. . Mt Ge Uap, whe eemclel, oe Ye BS alas tat, et San Review of Prieliminecy Title Opinion by Regional Office Curative Action... 1. 1. 2 ee te ww et ww Closing Instructions ..., dsgel Ae tat Ne Stan) gore Finel Opinion of the Attorney General 5 ab SES sete Lidtn Oe Closing Attorney's Bond... 1... 2. ee ew eae Figure 4-10,2, Format of Letter to Assistant Attorney General . Paragraph Numbers ray Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A CHGE 4 May 3, 1966 TABLE OF CONTENTS CONTINUED CHAPTER 4. VOLUNTARY CONVEYANCES ‘Paragraph Titles PART 3. RESERVATIONS BY OWNERS Reservations. ......cee ee ee ecees penis Sats glee ae ee te Reservation After Execution of Contract to Sell na eas PART 4. OFFERS TO SELL REAL PROPERTY General, .... ‘ ty te tee ee Gabe "ps WP Zoe at a Meee etal aes Authority to Reeene Offers Be tes i ete: 2S es ose se! WER a No Acceptable Offer - Condemnation .......ee. PART 5. VACATION OF PROPERTY WeiGStion Otc PrODErty: 9) 6 le oc: otis ao GG igcwe aah a ea Al Notice of Vacation. .......24.4+54 ase wen cada wee oe a Inspection of Property. ....... bk ee wa ane Notification to All Utility Companies (improved Property) PART 6. DONATIONS GENES]? fe ne eg fee ete: He de a Zt we Bee th ce Tatle: EeVidenGe: sg el ae So ss wrk ee Ee we ae OE Se Tithe Clearances ie eA a ee ee Eh a Bw, SO ass PART 7. EXCHANGES General. wack oe ok oe ie lees we Gs Wie RE Ge te Authority for Exchanges... e6 se wae de eee Procedures. a a ott eat SoS Cee shee Oo ees “ar eos lee Tithe Evidence sys eee ee eS elses eit we eee 4 DPithe Clearances! wd. ae ola use Be Oke eles wee we A Li Paragraph _Numbers 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 \) Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.3A CHGE 4 May 3, 1966 TABLE OF CONTENTS CONTINUED CHAPTER 4. VOLUNTARY CONVEYANCES Paragraph Paragraph Titles Numbers PART 8. TRANSFER OF EXCESS REAL PROPERTY TO GSA General. ......26-. inde ay. fal, BE 28,. ears Gamal He: Zecca Cher 2S: “Hone pete ce 28 Backs rounds ed. Sw! Seco Gl we. OM we BAe Ee Cate Ba es 29 ProOceduresie. i) ne cee ee Choe eee, cae et A Se et i ey ee wes aS 30 Right of Entry ....... Siainente fio: BS ye See oe wa ee 31 Consummation of Transfer. . 2... ee ee we we we te es 32 Evidence of Jurisdictional Transfers ... 41. 51 ee ee eae 33 FOLTS: ala eel ae GS, WENT Gos a Hee a we Ms el Pigs sor inet oi ets a) ate 34 Reserved: 2050 Koa ea Bere WORN ee el We a ee ee we 35 thru 45 PART 9. ACQUISITION OF REAL PROPERTY ADVICE General, ° ° * e e e e ° a a ° e e e e J * e e iJ e e . * e e e e 46 Responsibility for Preparations 14 4 . a4 baw ee we we we 47 DistributionOr Gopi eS: hy wh ea ye eleuet Bp ice te aR. or aS 48 231 and iv Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.54 Jamuary 23, 1964 CHAPTER 4, VOLUNTARY CONVEYANCES PART 1. PURCHASE 1. GENERAL, Upon receipt of a directive to proceed with an acquisition, the Regional Administrator shall take action to acquire the site in the manner prescribed in chap. 3 of this handbook. This chapter prescribes authorities to accept offers by executing the Form 1226 (Contract to Sell Real Property) and sets forth requirements and pro- cedures necessary to effect payments to the owner and to close the transaction, CHAP 4 1 and 2 PAR lL Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A Jamuary 23, 1964 PART 2. PROCUREMENT OF TITLE EVIDENCE 2. GENERAL. Public Law 277, 87th Congress, approved September 22, 1961, WwW Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 (75 Stat. 577), repealed the proviso in the thira full paragraph of page 941 of volume 25 of the Statutes at Large, in the Act of March 2, 1899, as amended (40 U.S.C. 256). Accordingly, funds appropriated for the acquisition of sites for public buildings are now available to pay the cost of title evidence in the same manner as those funds heave heretofcre been available to defray the costs of appraisals, Surveys, and other incidental land acquisition expenses. It has been determined that title evidence will be obtained by GSA to the extent and pursuant to the procedures hereinafter provided. TITLE EVIDENCE. &. Promptly upon receipt of the directive to proceed with the acqui- Sition of real property or interests therein (hereinafter collectively called "real property"), including real property to be acquired by donation or exchange, the owner of the real property involved should be contacted and informed concerning the intention of the Government to acquire the property and should be requested to furnish such title evidence as may be in his possession or available to hir. Depending on whether the owner does or does not make available any title evidence, the following action should be taken: (1) If title evidence is obtained from the landowner it should be reviewed by the Regional Counsel to determine whether it meets the "Standards for the Preparation of Title Evidence in Land Acquisition by the U.S." 1962, provided by the Department of Justice (hereinafter referred to as Standards). If Regional Counsel determines that the title evidence meets the Regulations of the Department of Justice and is of a type that can be ex- tended to a current date (usually only an abstract of title is susceptible to extension), the title evidence should be so ex- tended. (2) If title evidence is obtained from the landowner and Regional Counsel determines that, while it does not meet the Standards, it can be amended or supplemented to meet such Standards and is of a type than can be extended to a current date, the title evidence should be amended or supplemented to meet the Standards and ex- tended to a current date. (3) If (a) title evidence is obtained from the landowner that does not meet the Standards and it is impracticable to have it amended or supplemented to meet such Standards even though CHAP 4 ae PAR 2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1400.54 . . 7 T say Dz VOR. vanuery €5, 2707 it can be extended to a current date, or (b) title evidence is obtained from the landowner that meets the Standards but is not of a type that can be extended to a current date, or (c) no title evidence is obtained from the landowner, one of the types of title evidence specified in the Standards should be obtained. Of those acceptable types of title evidence listed, certificates of title, title insurance policies, or abstracts of title are customarily used. SOURCE OF TITLE EVIDENCE. a. After making the determination as to the title evidence required, ascertain the names and addresses of title companies and abstractors available to furnish the necessary title evidence and determine whether such companies or abstractors have been approved by the Attorney General. The Directory of the American Title Association, copies of which may be obtained upon request to the Association at 3608 Guardian Building, Detroit 26, Michigan, or to any major title insurance company, lists by states those abstract and title companies which are members of the Association and which furnish abstracts, certificates of title, and policies of title insurance. These companies are generally acceptaole to the Attorney General. However, advice as to which available title companies or abstractors are acceptable to the Attorney General may be obtained from the United States Attorney within whose district the real property is located. It is considered that generally the cost of : certificates of title or title insurance is more economical than the AF cost of abstracts of title. r] b. In the majority of the States either certificates of title or title insurance policies are obtainable and the premium for issuance of such certificates or policies is based on a schedule of fees approved by the State Insurance Commission or some similar State agency. Most State Insurance Commissions have recognized and approved the forms of certifi- cates of title and title insurance policies prescribed by the Attorney General and have authorized their use in lieu of owners' policies. COST AND TIME CONSIDERATIONS. Estimate the cost and time involved in tne procurement of tne necessary title evidence in order to determine which type of title evidence is more economical. In determining whether abstracts of title or certificates of title or title insurance should be obtained, consideration should be given to the estimated man hours involved in the examination by both the regional office and the Department of Justice personnel. In major projects it may be CHAP 4 PAR 3 Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Or FES P 1600.54 January 23, 1964 desirable at times to contract for title evidence for the project as a whole rather than for each tract in the project in order to maintain the accuisition schedule. ACCEPTABLE FORMS OF TITLE EVIDENCE. ENCE a. Certificates of Title and Title Insurence Policies. Certificates or title and title insurance policies must be in a form acceptable to the Attorney Generel. Forms of a certificete of title and a title policy which have been approved by the Attorney General appear in pages 13-16, respectively of the Standards. (1) Certificates of title ana title insurance policies should be based on 2 search of all records effecting the title to the land end be unqualified as to the period of search. In the event that it is not the practice of the locel title companies to issue certificates of title or title insurance policies unqualified as to the period of search, or if certificates of title or title insurance policies unqualified as to the period of search can be obtained but the cost thereof or the time involved in obtaining such a certificate or policy make it inadvisable to obtain such a certificate or policy, the Regional Director, PBS, should advise the Assistant Commissioner for Space Management in order that all Pertinent facts can be referred to the Department of Justice for consideration. (2) As stated or page 9 in the Standards "A certificate of title or title insurance policy by one title company for a single acqui- Sition valued at more than 25 per cent of the admitted assets (after deducting existing liabilities secured or unsecured and excluding any trust or escrow funds) of the issuing company is not acceptable." Where title companies will issue certificates of title or title insurance policies for less than the full pure chese price of the Property, the Standards provide "Certificates of title or title insurance Policies shall not limit the liability of the title company to a sum less than 20 per cent of the reason- able value of the Property. As to acquisitions valued at more than $50,000, the limitations of liability of the issuing title company under the certificate of title or title insurance policy may be limited to 50 percent of the first $50,000 and 25 per cent of that portion of the value in excess of that amount.” Where title companies will not issue certificates of title or title insurance policies for less than the full purchase price of the property, certificates or policies for the full amount of the Purchase price may be obtained. CHAP 4 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.54 January 23, 1964 (3) Interim binders or preliminary reports supplemented by a title insurance policy in the form approved by the Attorney General are acceptable in those States where certificates of title may not be issued. No substantial variation in Form 29 of the Standards will be acceptable to the Attorney General without his prior approval. The interim binder or preliminary report must contain full information on all matters set forth in the binder as affecting the title in sufficient detail so that the nature and extent of such matters and their effect on the validity of the title of the land described therein can be determined, (4) Generally, it is not necessary to obtain a final certificate of title when real property is being acquired in condemnation proceedings. However, it may be necessary that an intermediate certificate of title be obtained. Regional offices should be governed by the necessity for obtaining an intermediate or final certificate of title when the real property is being condemned. b. Abstracts of Title. Abstracts of title, including the form and content, and period of search, shall comply with the Standards. Abstracts may be prepared by abstractors acceptable to the Attorney General or by qualified and competent abstractors employed by a de- partment or agency of the Government who are approved by the Attorney General. 7, EVIDENCE OF TITLE FOR EASEMENTS, The standards and requirements as to title evidence set forth above will be observed in the acquisition of all easements except where, in appropriate cases, a waiver of the opinion of the Attorney General is to be requested under the provisions of 460 U.S.C. 255. In requesting the Attorney General for a waiver of a title opinion in connection with the acquisition of an easement it is necessary to inform the Attorney General of the purpose for which the easement is being acquired and the estimated cost of any improve- ments to be constructed, and to furnish a certification by a title company, abstractor or qualified Government employee concerning the status and extent of the title of the landowner who will grant the easement. Easements costing $100 or less do not require a title opin- ion from the Attorney General provided such easements are acquired in accordance with the regulations in GSA Hendbook, CSL P 5990.2, CHGE 2. Tre certification should state the landowner's period of ownership, outstanding rights such as leases and other easements, encroachments, mortgages, and tax or other liens and encumbrances. CHAP 4 PAR 6 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO000300120001-2 ) Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A January 23, 1964 CONTRACTING FOR TITLE EVIDENCE, = a. Title evidence shall be procured by advertising as provided in section 303 of the Federal Property and Administrative Services Act of 1949, as amended, unless the procurement by negotiation is author- ized by any of the applicable exceptions to advertising set forth in section 302 (c) of such Act. Procurement by formal advertising shall be performed in accordance with the Federal Procurement Regulations, Part 1-2, as implemented and supplemented by the GSPR, Part 5-2, Pro- curement by negotiation shall be performed in accordance with the Federal Procurement Regulations, Part 1-3, as implemented and supple- mented by GSPR, Part 5-3, b, When soliciting proposals to furnish title evidence, title con- panies and abstractors should be informed when appropriate, that time is of the essence and that ability to comply with delivery requirements will be a decisive factor in selecting the contractor. c. Contracts for title evidence may provide for a specific or a specified number of abstracts, preliminary certificates of title or policies of title insurance and necessary continuations of final certificates at a stated price per abstract, per certificate of title, or per policy of title insurance. If this basis of contrac- ting is not possible, contracts for abstracts may be made on a per-item or per-page basis and contracts for certificates of title or policies of title insurance may provide for payment in accordance with local rate schedules, PAYMENT FOR TITLE EVIDENCE, a, The abstractor or title company shall, in all cases, submit an invoice for services rendered, The invoice must specify the particular type of title evidence furnished, name of landowner, name of project, and contract number, b. Title evidence furnished pursuant to a contract therefor shall be reviewed by Regional Counsel prior to payment for such title evidence to insure that the title evidence does not include erroneous or superfluous material and invoices are not excessive, Where erroneous or superfluous material is included, the invoices involved shall be corrected so that payment for such material is not made. c. Payment for title evidence will be made from available site funds for the project to which the title evidence pertains upon certification by Regional Counsel that there has been full compliance with the contract specifications, Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 ‘ Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A “ January 23, 1954 se ) 10, APPROVAL OF TITLE BY THE ATTORNEY GENERAL, Section 355 of the Revised Statutes of the United States, as amended (40 U.S.C. 255), requires the written opinion of the Attorney General in favor of the validity of the title to land as a prerequisite to the expendi- ture of public funds thereon. Title evidence will be submitted to the Attorney General as hereinafter outlined. 10.1 TRANSMITTAL OF TITLE EVIDENCE TO THE DEPARTMENT OF JUSTICE. Abstracts of title, certificates of title, and title insurance policies, in- cluding interim binders and intermediate certificates will be trans- mitted by the Regional Administrator to the Assistant Attorney General, Lands Division, Department of Justice, Washington 25, D.C., for the necessary title opinions in accordance with pars. 10.2 through 10.6, below. It is mot necessary to have an executed contract to sell real property in order to request preliminary title opinion from the Department of Justice. 10,2 ABSTRACTS OF TITLE, a, As soon as an abstract of title is obtained and reviewed as to form and substance by the regional office, with such assistance from the Regional Counsel as may be required, the abstract will be trans- mitted to the Department of Justice as prescribed in par. 10.1, above, with a request for examination and preliminary title opinion, A copy of the transmittal letter shall be forwarded to the Site Acquisition 3 Division, Central Office. Title evidence when submitted to the De- partment of Justice will be accompanied by a copy of the executed contract to sell real property, if such contract has been obtained, a map, plat, or survey of the property, and any other pertinent mis- cellaneous documents such as affidavits, certified copies of pertinent portions of articles of incorporation, resolutions authorizing sale, etc, (See figure 4-10.2, below.) b. In those cases involving corporations, fiduciaries, etc., where the record title holder is disclosed to be a guardian, trustee, administrator, executor, court commissioner, or other fiduciary, a municipality or other political subdivision, a corporation, religious body, eleemosynary or other non-profit corporation or organization, the regional office, with the assistance of the Regional Counsel, if needed, will ascertain whether such person or persons acting in a representative capacity has legal authority to convey valid title to the United States. A statement setting out such authority, accom panied by a citation of the source of such authority, and any documents such as a charter or bylaws, or excerpts therefrom, should accompany the title evidence transmitted to the Department of Justice for opinion, as required by 10.2a, above. CHAP 4: 8 PAR 10 =~ a Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 RO00300120001-2 10.3 P3S P 1600.5A January 23, 1964 c. The Department of Justice will examine the abstract of title, prepare a preliminary title opinion and return the title papers and original preliminary opinion of title to the regional office from which the assembly was received. The Department of Justice will also transmit a copy of the preliminary title opinion to the Assistant Commissioner for Space Management, PES. CERTIFICATES OF TITLE, REPORTS OF TITLE, AND INTERIM TITLE INSURARCE —_—— eee eS eee eee EEE eee BINDERS. a. As soon as a certificate of title, report of title, or an interiz title insurance binder in the prescribed form is received, the title objections set forth therein will be reviewed by the regional office, with such assistance from the Regional Counsel as may be required. If it appears probable that the title objections set forth can be elimin- ated, the following action should be taken. (1) Initiate all possible curative actions. (2) Taxes, assessments for improvements and outstanding bonds. Where the certificate or interim binder reports liens of taxes, assessments, bonds, indebtedness of a road improvement, school, drainage, or other type of special improvement district, the regional office with the assistance of the Regional Counsel, if required, should ascertain the statute or statutes under which the taxing authority was created, its bonds issued, and taxes levied, as well as the amount of taxes and assessments levied and bonds issued, together with any and all pertinent in- formation deemed necessary to enable an examining attorney to determine the nature and legality of the lien in question. If bonds or tax liens by a district are involved, the required data should also include information as to whether the bonds or taxes of the district become a lien annually at the same time that the lien of ad valorem taxes become a lien and that the lien is of the same nature as the lien of ad valorem taxes. (3) Restrictive covenants, reservations, or conditions. Where a title certificate or interim binder discloses any out- standing covenant, reservation, or condition which limits the use of the land, such certificate or binder should have attached thereto, as an exhibit, an abstract of the instrument vhich CHAP) 4 8.1 PAR 10.2 ‘Décidssitied and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PES P 1600.54 January 23, 1964 10.4 CHAP created the reported limitation. In tranamitting such title certificate to the Department of Justice, the cover letter should recite (a) whether a release has been or can be obtained from the person or persons who created the limitation, if the regional office concludes that such limitation will interfere with the contemplated use of the land, or (b) if a release can- not be obtained, sufficient information on which to base a de- termination whether the covenant or condition will interfere with the proposed use of the land, and if so, whether an adminis- trative waiver will be issued. (4) Transmit the original and one copy of the title certificate, report, or interim binder direct to the Department of Justice, as required, and with the enclosure as enumerated in 10.2a, above. A copy of the transmittal letter will be forwarded to the Site Acquisition Division, Central Office. b. The Department of Justice, after examining the title certificate, or interim binder for title insurance, or title report, will prepere @ preliminary title opinion and return the original preliminary title opinion, together with all title papers, to the regional office fram which the assembly was received. The Department of Justice will also transmit a copy of such opinion to the Assistant Commissioner for Space Management, PBS. INTERMEDIATE TITLE CERTIFICATE OR BINDER. a. In cases where the record title is vested in the estate of a deceased person, the preliminary certificate or interim binder is generally issued in the name of such estate. The title company should be requested to advise the regional office of the curative action or matter which the company will require in order to issue another preliminary certificate, which is sometimes called an inter- mediate title certificate or binder, finding title vested in specified heirs of the decedent. (A Treasurer's check can be issued only to specified payees in being.) b. Where the curative action referred to in 10.4a, above, does not require a judicial proceeding, then all necessary curative action should be completed, and an intermediate certificate or binder should be obtained showing title in the heirs of the deceased record owner, before transmitting the initial title papers together with the inter- mediate certificate to the Department of Justice, as required in 10.1, above. 4 PAR 10.4 8.2 Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 V4 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A January 23, 1964 c. Where a judicial proceeding is required, the vendor should be requested to take immediate action, and upon the completion thereof, the intermediate certificate or binder, as required in 10.4b, above, should be obtained and transmitted. If such action cannot be com- pleted within a reasonable time, or if such action will result in delay of a construction contract award, condemnation should be recommended in accordance with the requirements of chap. 5, below. 10.5 WHERE VENDOR IS NOT TITLE HOLDER BUT PURCHASER UNDER A SALES CONTRACT. Where the Government's vendor is not the record title holder but is the purchaser under a sales contract, recorded or unrecorded, the preliminary title certificate or interim binder will report title in the record title holder. In transmitting such a title certificate to the Department of Justice for opinion, as required in 10.1, above, the transmittal letter should request the opinion of the Attorney General to find that valid title can be conveyed by the Government's vendor, subject to the outstanding right of the record title holder and the requirement that a deed of conveyance be obtained from the record title holder to the Government's vendor. 10.6 REVIEW OF PRELIMINARY TITLE OPINION BY REGIONAL OFFICE. Upon receipt of the Attorney General's preliminary opinion of title, the entire file relating to the acquisition will be reviewed by the regional office, with such assistance from the Regional Counsel as may be re- quired, to ascertain whether there are any conditions to be performed or requirements to be met by the vendor and the Government, and what objections, other than those which can be removed by payment of money or cleared at the time of the closing, are to be eliminated pursuant to the requirements contained in the Attorney General's opinion be- fore valid title may vest in the United States. 10.7 CURATIVE ACTION. a. Upon completion of the review required by 10.6, above, the character and amount of all outstanding interests in and liens and claims against the real property which are to be satisfied out of the purchase price, the curative action that mist be taken, and the _ curative data that must be obtained in order to cure all objections to the title will be determined. This should be done with particular reference to the objections and requirements contained in the Attorney General's opinion. CHAP 4& PAR 10.4 8.3 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A : = January 23, 1964 : 7 b. In those cases in which the title evidence will consist of a title certificate or title insurance policy, approval of the title company must be obtained as to all curative material obtained to eliminate all of the objections in the title certificate or policy except those objections which have been waived, or possessory rights which can be eliminated by the execution of a Certificate of Inspec- tion and Possession, or can be cleared at the time of the closing. c. In all other cases, curative action must be taken and curative data must be obtained for the purpose of eliminating all of the objec- tions, and the requirements set out in the Attorney General's prelin- inary opinion, except those objections which have been waived, or can be eliminated by the execution of a Certificate of Inspection and Possession, or can be cleared at the time of the closing. d. If it develops that certain title objections cannot be eliminated, or curative action will involve undue expense or delay, or will re- quire lengthy judicial proceedings to eliminate such objections, or will result in delay of a construction contract award, condemnation should be recommended in accordance with the requirements of chap. 5, below. e, If any question should arise as to the sufficiency of the curative matter obtained as required in 10,7c, above, or if any difficult or =, complicated question of law may arise in eliminating any objection or \ requirement contained in the Attorney General's opinion, which cannot aS be resolved, such question should be referred by the Regional Adminis- trator to the Department of Justice, with a complete statement of facts and references to the provisions of applicable statutes and pertinent decisions of Federal and State Courts, if any, on the question involved. In such cases, the determination of the Attorney General will be accepted as final and binding. A copy of the referral letter shall be forwarded to the Site Acquisition Division, Central Office. 10,8 CLOSING INSTRUCTIONS, All regional offices are authorized to close purchase acquisitions and secure final title opinions from the Depart- ment of Justice. Instructions for closing are contained in GSA HB, CSL P 5000.2,CHGE 2, dated August 15, 1963. 10,9 FINAL OPINION OF THE ATTORNEY GENERAL, After closing of the purchase, all pertinent documents, as set forth in Part 2, Section 1, Paragraph 17d of GSA HB, CSL P 5000.2, shall be forwarded by the regional offices to the Department of Justice for final title opinion. They should be requested to forward the final opinion to the GSA Central Office with a copy to the regional office. 8.4 CHAP 4 PAR 10.7 “y Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A January 23, 1964 TABLE OF CONTENTS Paragraph : : Paragraph Titles Numbers CHAPTER 3. ACTION GUIDES FOR THE ACQUISITION OF REAL PROPERTY PART 1. ACTIONS PRELIMINARY TO NEGOTIATIONS Acquisition by Voluntary Conveyance . . . 2. « es ee Designation of GSA Representative . . . . «6 es eee Authority to Initiate Action to Acquire Real Property General . 1. «6 +» ws eo se ee euvene Ownership Data . 2. 2. « «© «© s+ eee Notification of Owners . . + « « « Appraisal Data . . « » « ee «eo Topographical and Boundary Survey Title Evidence Contract ..... eo ee © © © © © © OM IAN FWD & ° ° e ° e e ° e e PART 2. NEGOTIATIONS FOR OFFERS TO SELL REAL PROPERTY Just Compensation . 2. 6 2 6 6 « © ee ow we we we we ww ew 10 All Parties in Interest . 1. 2 2 © 6 2» ow we es ew we wo wo we ow ow 11 Coercive Tactics Prohibited . 2. 6 6 6 2 ee ee we we ww et 12 Appraisal Discussion . . 2. 1. 2 6 se ee eh wwe ew ww ews 13 Counteroffers e e cd e e * e e e e e e . . e e e e e e ° e s e 14 Negotiations Report ia 60 We we ac A ee We ae ee OR eee 15 Time Element in Negotiation . i tad ES carter digs tar Gols CAT eee 16 Notification Prior to Condemnation a Ar a re 17 Disqualification of Government Representativ OS 6 ew ew we ew ew we 18 Figure 3-15. Negotiation Record PART 3. INTERIM OCCUPANCY Occupancy . e e e e ‘J e e e e e se e . e °. e e e e e ° a e e e e 19 Outlease Negotiations . . 1 2. « eee ee we we se wee wn vane 20 PART 4. CONTRACTS TO SELL REAL PROPERTY Form e * e e e e ° e e e e e e i e e eo 2 e e e e e eo e ee e e 2i Proper Use of Terms .1. 1. 2 sw se se we ee reo e ee wo sw ve 22 Determinations as to Reservations and/or Exceptions . . « « « « 23 Reservation of Growing Crops . 1. «eee ee cease svene 24 Reservation of Buildings and Improvements . .. « « « «© es ee e 25 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A CHGE 3 May 10, 1965 TABLE OF CONTENTS CONTINUED CHAPTER 3. ACTION GUIDES FOR THE. ACQUISITION OF REAL PROPERTY Paragraph Paragraph Titles Numbers Reservation of Timber “aw Gd a Bie wok es BIA eae ee a 26 Consideration for Reservations or Exceptions ......6.,. 27 Reservation Clause in ‘Contract. i606 .% 4 4: aN w © o 8 wa} 8 28 Execution of Contracts to Sell Real Property ...... ie fe 29 Execution of Contract for the Sale of Land Located in an Urban Renewal Area to the United States ......0.0e0- 30 ACCeplance end Distribution... 4 gos 2b wow ace OR aS SS 31 ii Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5 Jamuary 23, 1964 CHAPTER 3. ACTION GUIDES FOR THE _ ACQUISITION OF REAL PROPERTY PART 1. ACTIONS PRELIMINARY TO NEGOTIATIONS 1. ACQUISITION BY VOLUNTARY CONVEYANCE. Whenever possible, title to real property will be acquired by voluntary conveyance in accordance with the procedure set forth in chapter 2, at a price compatible with appraisals made or procured in accordance with GSA Handbook PBS P 1005.2B. Negotiation leading to the acquisition of real property shall, whenever possible, be conducted on a face-to-face basis by the realty officer with the owner. Owners or persons occupying real property under arrangement with owners will not be required to relinquish possession without their consent until actual payment has been made to the parties in interest pursuant to a purchase contract, or a Declaration of Taking has been filed in conjunction with a condemnation proceeding and the Government's estimate of just compensation deposited in the registry of the court. : 2. DESIGNATION OF GSA REPRESENTATIVE. The GSA representative contacting owners for the purpose of acquiring their real property is designated as "realty officer." 3. AUTHORITY TO INITIATE ACTION TO ACQUIRE REAL PROPERTY. Action to acquire real property begins on receipt of a site acquisition direc- tive from the Administrator or Commissioner, PBS. 4, GENERAL. Upon receipt of a site acquisition directive, the regional office concerned will proceed to notify owners and acquire ownership data, legal descriptions, appraisals, survey data and title evidence. 5. OWNERSHIP DATA. Determine ownership of property to be acquired and procure legal description. Obtain from the official records (Registry of Deeds, Land Court, and/or Tax Assessor) identity of property ower, together with legal description, including book and page number. The legal description is necessary to properly contract for appraisal, title evidence, and survey. A plot plan is usually obtainable fros the Tax Assessor or the City Clerk, if it is not contained in and made a part of the legal description obtained from the Registry of Deeds or Land Court records. 6. NOTIFICATION OF OWNERS. a. Contact owner(s) to discuss proposed acquisition, and obtain right- of-entry permit(s). When a site has been selected and approved for acquisition it is usually of public comment and record well in advance of the initial personal contact with the owner by the GSA representatives. Therefore, this contact with the owner is for the most part a confirma- tion of public information. The owner will usually have questions con- cerning (1) when the Government will acquire; (2) how long the owner can remain on the site; (3) how much the Government will pay for the property; and CHAP 3 1 PAR 1 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PSS P 1600.5A January 23, 1964 PAR (4) who sets the price the Government will pay, etc. Since it must be assumed that each property owner is an unwilling seller and sensitive to the action to acquire his property, extreme tact should be employed in order to effect and maintain good public relations. At this state of acquisition, answers can only be given as to pro- cedural actions which the Government will effect, such as. ‘making the survey, preparing title evidence, and obtaining the appraisal report. It is advisable to inform the owner that after title vests in the Government, arrangements by lease agreement can be made with the Government to permit occupancy until such time as the Govern- ment requires physical possession of the property. A clear, concise and unevasive discussion with the owner is necessary to gain the owner's confidence and is a prime factor in subsequent successful negotiations. The conclusion of the initial discussion with the owner should result in obtaining an executed right-of-entry permit for the purpose of making an appraisal, topographical and/or boundary survey, and to conduct such test borings as may be required. bd. At the time the proposed acquisition is discussed with the prop- erty owner it is appropriate to provide him with a GSA Form 1226, Contract to Sell Real Property, explaining that this form is being pro- vided for his attorney and appraiser in the event he wishes to avail himself of the professional services of those individuals. The owner should also be advised that he will be notified at the earliest possible date when he will again be contacted for the initiation of negotiations for the sale of the property to the Government. c. In the event it is not possible to contact the owner personally to discuss the proposed acquisition and obtain a right-of-entry permit, the contact may be made by a letter provided the letter adequately explains the project and the proposed acquisition consistent with a and b,above. APPRAISAL DATA. a. In every acquisition of real property a determination of the appraised fair market value of such property shall be made prior to the acceptance of any offer to sell. After a site has been selected and funds are available, an appraisal of the property shall be made for the purpose of determining the fair market value of the various parcels comprising the site and the just compensation to which the various owners are entitled. b. Order appraisal by using GSA Form 66, Request for Valuation Service. Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 “9 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A January 23, 1964 As attachments thereto include copy of legal description, plot plan, and site plan of land to be appraised, together with right-of-entry permit. Request therein that the name of appraiser be furnished so that the owner(s) may be notified. 8. TOPOGRAPHICAL AND BOUNDARY SURVEY. Request topographical and boundary survey by memorandum to Design and Construction Division (attaching description, plot plan, site plan, and right-of-entry per- mit). The survey will include individual parcels, if any, with respec- tive metes and bounds description when necessary or appropriate. Request name of surveyor be furnished Acquisition Branch so that owner(s) may be notified. The original tracing of the survey drawing, as well as copy of metes and bounds description, will be forwarded directly by regional Design and Construction Division to the Office of Design and Construction in Central Office for reproduction and transmittal to Site Acquisition Division, Office of Space Management, Central Office. The topographical and boundary survey will be pre- pared in such a manner as to permit the specific legal description set out in the title evidence to be readily checked and identified thereon. Six copies of survey drawing and one copy of metes and bounds description, if such description was obtained, are to be forwarded by Design and Construction Division to Acquisition Branch, Space Management Division. In the interest of expediting acquisition action, the Acquisition Branch, Space Management Division, can contract for the necessary surveys and such action is appropriate provided it is coordinated with the regional Design and Construction Division. 9. TITLE EVIDENCE CONTRACT. Contract for title evidence. Title evidence shall be obtained in accordance with chap. 4-2 thru 10, below. 3 and & PAR Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 10. FBS P 1600.5A Januery 23, 1964 PART 2. NEGOTIATIONS FOR OFFERS TO SELL REAL PROPERTY JUST COMPENSATION. ‘a. Negotiations by realty officers of GSA for the acquisition of real property or interests therein, shall be at all times directed to accomplish the end result that the property owner is paid just compensation, and that any settlement or offer to sell which is accepted represents compensation which is just and fair to the owner. The realty officer-negotiator has a prime opportunity to create good public relations for the General Services Administration through his conduct. Patient explanations and courteous treatment of property owners will win respect for GSA and will do much to insure the success of the real property acquisition program. The personal contacts of the realty officer and his conduct thereof will be considered by the public to represent the policies of GSA. >. Negotiations shall not be opened with any property owner whose Froperty will be affected by the proposed acquisition until the appraisal of the site has been reviewed and approved. The negotiating realty officer upon his assignment to handle the acquisition of the property shall study the appraisal of the site and review it carefully with the Appraisal Branch of the Space Management Division. The realty officer to whom the acquisition responsibility is assigned shall become fully informed as to ell available information which might have any effect upon the value of the property to be acquired and be entirely familiar with the project and the owner's individual property before initiating negotiation. c. Care should be exercised at all times by the negotiating realty officer to completely and honestly protect the interests of property owners with whom he is negotiating who may be unfamiliar or in- experienced in real estate transactions and real estate values. dad. The negotiating realty officer will enter into realistic nego- tiations so as to acquire the property at a price consistent witb that price which is considered to be just compensation for the property rights being acquired. Consistent with the above, original offers should be meade at a price which, should they be accepted by the property owners, constitute just and reasonable amounts. At the same time, the original offers shall leave room for true negotiation. e. If during the course of negotiations it appears that certain factors which would have an effect on the appraised fair market value of the property were not considered by the appraiser, proper weight and consideration should be given to those matters and, if necessary, the _ CHAP 3 y) : PAR 10 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 le. 13. 14. S January 23, 19<4 appraiser should be asked to consider the factors which have not been previously- considered and determine the effect of the consideration of these factors on the appraised fair market value. If necessary, the property should be reappraised. ALL PARTIES IN INTEREST. The interest of. both owners and tenants hav- ing a compensable leasehold interest should be considered. Such tenants are proper parties to the transaction but every effort should be made to have the owner and tenant handle the matter as a private transaction between themselves so that the entire purchase price may be paid to the owner. Where this cannot be arranged, payment for the tenant's in- terest can be made to him in the closing of the purchase transaction. This policy is also applicable to any third party heaving an interest in the tract. COERCIVE TACTICS PROHIBITED. Discussions with owners will be con- ducted in a fair and courteous manner and the realty officer must not under any circumstances resort to coercion or threats of condemmation proceedings. APPRAISAL DISCUSSION. All terms and conditions agreed to by the realty officer and the vendor during the course of the negotiations must be included in the contract to sell real property executed by the vendor. The estimated fair marxet value stated in the appraisal and the details of the preparation of the appraisal will not be disclosed. Although appraisal reports are not available for inspection by the owner, the several elements of value considered by the appraiser may be dis- cussed with the owner to satisfy him that all elements of compensable damages have been considered in arriving at an overall value for the property being acquired. COUNTEROFFERS. If, after negotiations, agreement cannot be reached with ea property owner as to price within the appraised fair market value, the lowest offer which has been obtained from the owner may be considered on the basis of the following factors: a. The nature of the appraisal process, where the fair market value of a property is to a substantial degree based upon the interpretation of the real estate market, with due recognition being given to the fect that two equally competent appraisers may have a reasonable divergence in their opinions of value. Since the negotiations which have been conducted with the property owner will be based on the fair market value estimate of only one appraiser, it must be recognized that the opinion of fair market value of a second equally qualified appraiser might be higher or lower than that of the appraiser who has actually appraised the property. CHAP 3 é PAR 10 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO000300120001-2 L 1 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A January 23, 1964 10,10, CLOSING ATTORNEY'S BOND, The attorneys in the regional office authorized to perform closing of purchase acquisitions will be bonded in accordance with provisions of GSA order CSL 5000.3,dated September 12, 1963, CHAP 8.5 ‘ PAR 10.10 Declassified and Approved For Release 2012/04/11 - CIA-RDP02-06241RO000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A January 23, 1964 Honorable Ramsey Clark Assistant Attorney General Lands Division Department of Justice Washington 25, D.C. Dear Mr. Clark: In connection with the acquisition of certain land as a site for a Federal Office Building at ; » copies of the following documents are enclosed. (List documents which are being transmitted as set forth in per. 10.2 of this chap.) When the requisite examination of title to the above-described land has been.,made, it is requested that you transmit to the Regional Administrator, General Services Administration, (address) , the opinion of the Attorney General on the validity of the title to the land, together with the documents in the case. Sincerely yours, Regional Administrator General Services Administration Enclosures Figure 4-10.2. Format of Letter to Assistant Attorney General 8.6 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A January 23, 1946 PART 3. RESERVATIONS BY OWNERS 11. RESERVATIONS, The procedure governing the reservation by owners of crops, timber, buildings, or improvements and retention of possession by owners is set forth in detail in chap. 3, above. 12. RESERVATION AFTER EXECUTION OF CONTRACT TO SELL (Form 1226). When owners wish to remove crops, timber, buildings, or improvements after a contract to sell has been entered into, but prior to the vesting of title to the property in the United States, and the owners are agree- able to a reduction in the agreed selling price of an amount not less than the appraised fair market value for off-site use or Salvage of buildings or improvements, and such action is determined to be in the best interest of the Government, the contract to sell may be amended accordingly. BE Ee 9 and 10 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 October 2, 1967 PBS P 1600.5A CHGE 6 PART 4. OFFERS TO SELL REAL PROPERTY 15. General. When a satisfactory agreement as to price is reached, the execution of the contract to sell real property will be processed in the manner prescribed in chap. 3, above. 14. Authority to accept offers. a. The Regional Administrator may accept any reasonable offer if the total purchase price does not exceed $10,000, provided such acceptance does not exceed the limit of funds available for site acquisition. >. The Regional Administrator may accept any offer where the total purchase price does not exceed 110 percent of the appraised fair market value or estimated just compensation, provided such acceptance does not obligate funds in excess of the funds available for site acquisition. c. Prior to the acceptance of an offer which exceeds the appraised fair market value of the property being acquired, the file shail be Gocumented to show the facts which justify the acceptance of the offer, with cue consideration being given to the factors set forth in chap. 3-14, above. 5 dad. Offers which exceed the limitations of authority as set forth in @ and b, above, shall be submitted to the Acquisition Division, Office o> Space Menacement, PBS, with the Regional Administrator's recommendation as to whether they shall be accepted or condemnation proceedings instituted. in the event condemnation is recommended, a condemmation assembly shall be prepared in accordance with chap. 5, below. 15. No ecceptebdle offer - condemnetion. When a satisfactory offer to sell cannot be obtained, the Regional Administrator will recuest the Central Ofiice to take action to institute condemnation proceedings. (See chap. 5, below, for condemnation procedure.) CHAP 4-13 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Fee.F 1605. 5A January 23, 196k PART 5. VACATION OF PROPERTY 16. YACATION OF PROPERTY. Owners and tenants will be informed that the Government will not require them to surrender possession until the site is actually needed for construction, provided a satisfactory rental agreement can be reached subsequent to vesting title in the United States. 17. NOTICE OF VACATION. Owners and tenants will be instructed to notify the regional office in writing as soon as they vacate their property, to turn in their keys in order that the building may be kept under lock, and to keep the regional office advised of any changes in ad- dress in order to expedite title clearance and payment. 18. INSPECTION OF PROPERTY. a. As soon as a landowner or tenant gives notification that he is vacating his property, or as soon as this information is obtained from any other source, the Regional Administrator will have a member of his staff make a personal inspection of the property and make a report thereon. (GSA Form 1939, Report on Vacation of Property). The in- spection will be made with a view to determining whether all build- ings, improvements, and crops on the land to be acquired, as listed in the appraisal report, are still on the land and in substantially the same condition as they were on the date of the appraisal. b. When buildings, improvements, and crops have been removed under a reservation by the owner, the report of the inspection should so state, c. When buildings, improvements and crops have been removed or de- stroyed in the conduct of construction work, and appropriate statement should be included in the report of the inspection. d. The inspection should determine whether the property is wholly unoccupied and vacant and whether there is evidence of present use. e. The inspection report should be retained in the real estate files of the regional office for reference as may be required. 19. NOTIFICATION TO ALL UTILITY COMPANIES (IMPROVED PROPERTY). Immediately subsequent to transmittal of the condemnation assembly to Central Office’ and prior to closing of voluntary conveyances, the regional office shall notify those public utility companies furnishing the premises with water, gas, electricity, heat, or other service that GSA does not assume responsibility for the payment of charges for such services for and period either before or after title to the land vests in the United States. CRAP & 13 and 14 PAR 16 Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PES P 1500.54 January 23,.19¢8 PART 6. DONATIONS 20. GENERAL. The General Services Administration may accept on behalf of the United States donations of sites for public buildings. Donations may also be accepted for other purposes. Such cases should be sub- mitted by the Regional Administrator to the Assistant Commissioner for Space Management for decision as to whether the donation is to be accepted. Each case is to be supported by a full statement of facts and the recommendations of the Regional Administrator. 21. TITLE EVIDENCE. Promptly after acceptance of the offer of donation by the United States, the donor shall deliver or cause to be delivered to the United States, without cost to the United States, any and all abstracts, certificates of title, or other evidence of title available to the donor or in his possession. 22. TITLE CLEARANCE. Title clearance and closing of donations are pro- cessed in the same manner as in purchase cases. Se 15 and 16 Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A January 23, 1964 PART 7. EXCHANGES 23. GENERAL. An exchange is a transaction in which Govermment-owned . property or interests therein is traded for other real property or interests therein owned by another perty. In the event the prop- erties or interests to be exchanged are of unequal value and the property or interest offered is of lesser value, 4 supplemental monetary peyment of the difference in values may be made. If the property or interests offered by the Government is of lesser value and the other party declines to waive payment of the differences in values, the Government may make a supplementary payment of the differ- ence in values if funds are available for such purpose. ok. AUTHORITY FOR EXCHANGES. The Public Buildings Act of 1959 authorizes in certain instances, exchanges of sites or buildings and sites theretofore acquired for new sites. The Federal Property and Adminis- trative Services Act of 1949 (Sec. 210(a)(12)) also authorized ex- changes of real estate and interests therein in the circumstances set forth in such section. 25. PROCEDURE. Exchanges are handled in the same manner as outlined above for the acauisition of a site which involves the payment of monetary. consideration. The exchange agreement shall describe the offered land and Government-owned property to be conveyed in exchange therefor, as well as any supplemental monetary consideration to be paid by either party, if such is involved. Review and approval of the Commissioner, PB, is required on all exchanges of buildings or sites. The deed conveying the Government-owned property shall be prepared in the Regional Office for signature by the Regional Administrator or his designee. 26. TITLE EVIDENCE. Title evidence shell be obtained as provided in pars. 53 tnru ils, adove. 27. TITLE CLEARANCE. Title clearance and closing of exchange cases are processed in the same manner as in purchase cases. CHAP 4 17 and 18 PAR 23 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A CHGE 4 May 3, 1966 PART 8. TRANSFER OF EXCESS REAL PROPERTY TO GSA 28. GENERAL, This chapter prescribes the procedures governing transfer to GSA from other Federal agencies of excess real and related personal property which is determined to be suitable for office, storage, or related facilities, or for a Federal building proj- ect, under the provisions of section 202(a) of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended (40 ULS.C, 483(a)), and the regulations of GSA issued thereunder. 29. BACKGROUND. a. Subpart 101-47,201-2 of the Federal Property Management Regulations (FPMR) requires that each Federal agency, so far as practicable, fulfill its needs for reai property by utilization of excess real property. An agency having a fully justified need for such property is required by FPMR § 101-47.203-7 to prepare and submit to the proper GSA regional office GSA Form 1334, Request for Transfer of Excess Real Property and Related Personal Property. b. For purposes of this chapter, the various Services of GSA having &@ program requirement for the use of excess real property and related personal property, including but not limited to land, build- ings, improvements and appurtenances, are to be considered the same as any other Federal agency having similar requirements, provided, however, that the Public Buildings Service is responsible for initiating the request'for transfer and submitting it to the Utilization and Disposal Service for appropriate action. c. Inapplying for such property, GSA Form 1334 shall be pre- pared pursuant to FPMR § 101-47. 4904-1 and the time limits pre- scribed in FPMR § 101-47.203-5 shall be observed. Each request shall meet the tests and guidelines as to program need enunciated in FPMR § 101-47.201-2. General principles to be considered regard- ing reimbursement are set forth in FPMR § 101-47. 203-7(£). CHAP 4 19 PAR 28 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A CHGE 4 May’3, 1966 30, PROCEDURES, a. Notice of Availability and Determination of Need. The HB, Excess and Surplus Real Property (UDS P 4000.1, chap. 2-26a(2)), provides that promptly upon receipt of a report of excess real prop- erty and prior to circularization to other Federal agencies of a notice of availability of excess property by the regional Utilization and Disposal Service, a determination shall be made by the Regional Director, PBS, in coordination with the Regional Director, UDS, as to whether there is a need for the property, or portion thereof, within the region for a program activity of GSA (see FPMR § 101-20. 102). Such determination shall be subject to approval of the Regional Administrator and, where the property is suitable for a site or portion of a site for a proposed Federal building, by the Commissioner, PBS, b. Justification Supporting Determination. The justification sup- porting the determination under a, above, shall include the statement that: ; (1) There is a potential permanent need for the property, sub- ject to physical inspection, to carry out the program of the region; or (2) There is a potential temporary need for the property, sub- ject to physical inspection, to carry out the program of the region; or (3) GSA does not have a current or projected need for the prop- erty on a permanent or conditional basis, although it may be suitable for office, storage, or related use, c. Where Potential Need Exists, If the Regional Director, PBS, has determined that there is a potential need for the property and acqui- sition by GSA may be justified, the following actions shall be taken: (1) The Regional Director, PBS, or his designee, will partici- pate with UDS in inspections of the property. CHAP 4 PAR 30 20 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A CHGE 4 May 3, 1956 (2) The data contained in the inspection report shall be re- viewed by the Regional Director, PBS, and shall be considered in developing a final justification for transfer of the property to GSA. The final justification to acquire the property will include the evaluation required by the HB, Space Requirements and Project Development (PBS P 7000.6, chap. 3, part 4), if ap- propriate, and a detailed plan for the proposed utilization of the property including the estimated costs of repairs and improve- ments, maintenance, and operations. (3) Ifa current community plan does not contemplate transfer of the property as a part of the long-range plan, or if no com- munity plan has been developed, the justification shall include a new or updated community plan which relates the long-range plans to the availability of the property in question. (4) If the program to be served by the property is scheduled for substantial curtailment or termination at a relatively early date, the justification shall include a determination as to whether the temporary transfer of such property would fulfill the needs of GSA and, in this event, the time which will elapse before the property could be released for further utilization or disposal, d. Extent of Reimbursement, The extent of reimbursement for excess property shall be determined by the Regional Director, UDS, in coordination with the Regional Director, PBS, in accordance with the agreement between the Director, Bureau of the Budget, and the Administrator of General Services as prescribed in FPMR § 101-47. 203-7(f), Such determination shall be approved by the Regional Administrator. Any necessary documentation or certification re- quired to be furnished by the requesting agency with respect to proposed transfers without reimbursement should be furnished by the Commissioner, PBS, or his designee, in coordination with the Assistant Administrator for Finance and Administration, or his designee (not below Central Office level). e. Transfer Requests. After a proposed transfer of excess prop- erty (1) for assignment for office, storage, or related use, or CHAP 4 rag PAR. 30 Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A CHGE 4 May 3, 1966 (2) for the site or a portion of a site for a building project, has been fully justified and documented by the Regional Director, PBS, in coordination with the Regional Director, UDS, the Acquisition Branch, regional Space Management Division, shall take the following actions: (1) Prepare an original and four copies of GSA Form 1334,. Request for Transfer of Excess Real Property and Related Personal Property, with supporting documentation. Instructions for the preparation of GSA Form 1334 are set forth in FPMR § 101-47.4904-1, The funding information in Block 9 of the form shall be left blank for final determination in the Central Office. (2) Forward the prepared GSA Form 1334 to the regional UDS for insertion in the appropriate block on the face of the form by that Service, and return, of the following information: (a) Acquisition cost of the property. (b) Appraised fair market value of the property, regardless of whether it is to be transferred with or without reimbursement, (c) The amount representing the extent of reimbursement to be required, whether it be zero, the full appraised fair market value of the property or 50 percent of that sum. (3) When regional UDS has returned the GSA Form 1334 with the information required by e(2) above, prepare a memorandum to the Assistant Commissioner for Space Management, PBS, for approval and signature of the Regional Administrator or his designee, enclosing the form for continuing action by the Central Office. When signing the memorandum, the Regional Adminis- trator or his designee shall also execute the Certification in Block 10 of the form, The signed Certification shall indicate the title of the official who executed it and shall be dated, f. Central Office Approval, The Site Acquisition Division will take the following action on each GSA Form 1334 that is received: CHAP 4 PAR 30 Ze Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.5A CHGE 4 May 3, 1966 (1) If the property proposed for transfer is to be used by PBS for assignment to another Federal agency or to a constituent Service of GSA in its present condition, e.g., land and build- ings for Federal Supply Service warehousing, the Space Re- quirements Division, Assignment and Utilization Division, and the Service of GSA that will use the property, will review the GSA Form 1334 and attachments to verify the need for the prop- erty and the sufficiency of the documentation to justify the proposed transfer (see FPMR § 101-47.201-1 and § 101-47, 201-2). The Office of Buildings Management will review the GSA Form 1334 and ascertain the availability and identity of funds for continued maintenance, repair, and operation of the property, or for any proposed alterz2tions and improvements, and will furnish this information to the Office of Space Management. (2) If the property is to be used as a site for a Federal build- ing or for an addition to the site of a Federal building, the Office of Design will affirm that such property is suitable for the proposed building, after which the Director, Site Acquisition Division, and the Director, Space Requirements Division, will review the GSA Form 1334 and attachments to determine the sufficiency of the documentation to justify the proposed transfer (see FPMR § 101-47.201-1 and § 101-47. 201-2). (3) If on the basis of action taken under (1) or (2), above, a determination is made to acquire the property by transfer, the Director, Site Acquisition Division, will confer with the Assistant Administrator for Finance and Administration to determine whetner funds are available to reimburse for the property, as prescribed in e(2)(c), above. (4) After a determination has been made as required in (3), above, the Director, Site Acquisition Division, will complete the GSA Form 1334 as follows: (a) Indicate by a check mark in the appropriate square in Block 9 of the GSA Form 1334 whether or not funds are available for reimbursement for the transfer of the property CHAP 4 23 PAR 30 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120001-2 .May 3, 1966 PBS P 1600.5A CHGE 4 ) therein identified, and thereafter remove the fourth copy of the form for the files of the Site Acquisition Division. (b) In the event funds are available for reimbursement as required under the provisions of FPMR § 101-47. 203-7(f), and if the appraised fair market value of the property does not exceed $100,000, prepare and properly coordinate a memorandum to the Regional Administrator for signature of the Assistant Commissioner for Space Management, return- ing the original and first three copies of GSA Form 1334 and requesting him to effect the transfer, (c) In the event the property is to be transferred without reimbursement, and if the appraised fair market value of the property does not exceed $100,000, prepare a memorandum to the Regional Administrator in accordance with the proce- dure in (b), above, and in addition furnish him in the memo- randum or as an attachment or attachments to the GSA Form 1334 the certification and documents required under d, above, ) (d) In the event the transfer involves land, which together = with any improvements thereon, has a total appraised fair market value of $100,000 or more, regardless of whether or not reimbursement is to be made, prepare a memorandum from the Commissioner, PBS, to the Commissioner, UDS, requesting the transfer and transmitting the original and three copies of the GSA Form 1334, together with the docu- mentation required, 31. RIGHT OF ENTRY. If it is necessary to enter on excess property pending consummation of an approved transfer to prepare a topo- graphical or a boundary survey, or to conduct test borings, or for other purposes, the Regional Director, PBS, may obtain a right of entry permit for such purposes from the agency having control and accountability for such property. CHAP 4 PAR 30 . D> Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A CHGE 4 May 3, 1966 CONSUMMATION OF TRANSFER, a. Actions required to determine the need for excess real property and to justify its transfer to GSA shall be accomplished by PBS with least possible delay. Where there is unavoidable delay in requesting the transfer, the Regional Director, UDS, shall be informed of the reasons and the estimated date on which he may expect to receive the GSA Form 1334, When the GSA Form 1334 has been fully executed and submitted to UDS, and the Regional Administrator has either received Central Office approval for the transfer or may authorize such transfer under delegated authority from the Central Office, the Regional Director, UDS, will write a letter to the transferor agency authorizing it to transfer the property to GSA, The Regional Director, UDS, will forward a copy of the letter of authorization to the Regional Director, PBS. When available, he will also forward to the Regional Director, PBS, the original document transferring the property to GSA for submission to the Central Office in accord- ance with par. 33, below. b. As Soon aS real property is transferred to GSA from another Federal agency, the Acquisition Branch of the regional Space Man- agement Division shall prepare an original and five copies of GSA Form 1011, Acquisition of Real Property Advice, to place the prop- erty in GSA's inventory of real property holdings. Distribution of the GSA Form 1011] shall be as follows; (1) The original shall be sent to the Director of Regional Data and Financial Management. (2) Copy number 1 shall be sent to the Regional Director, UDS. (3) Copy number 2 shall be retained in the files of the regional Space Management Division, (4) The remaining copies shall be forwarded to the Central Office for distribution as follows: (a) Office of Buildings Management - 1 copy. CHAP 4 25 PAR 32 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A CHGE 4 May 3, 1966 33. 34. (b) Office of Space Management - 2 copies - (1 copy for Site Acquisition Division — 1 copy for Assignment and Utilization Division). EVIDENCE OF JURISDICTIONAL TRANSFERS, The Site Acquisition Division, Central Office, will document the transfer of Government- owned real property from other Federal agencies to GSA in the same manner as it documents the acquisition of title to real property by purchase, condemnation, or other method, and will subsequently for- ward such documentation to the National Archives and Records Serv- ice for permanent retention. As soon as a transfer of Government- owned property is consummated, the Acquisition Branch of the regional Space Management Division will assemble and forward to the Site Acquisition Division, Central Office, the following: a. Standard Form 118, Report of Excess Real Property, with accompanying schedules and supporting papers. b. Copy of letter to the transferor agency authorizing it to transfer the property. c. Original document transferring the property to GSA, showing the specific date and hour of acceptance of custody and accountability by PBS, GSA, ; a. If reimbursement was required, copy of the letter from the transferor agency stating that such reimbursement has been received, e. Copy of inspection report(s). f. Boundary and topographical surveys, if obtained. g. Copies of any existing permits, licenses, leases, or easements affecting the property. FORMS, This chapter requires the use of GSA Form 1334, Request for Transfer of Excess Real Property and Related Personal Property, and GSA Form 1011, Acquisition of Real Property Advice, Copies of both forms may be requisitioned in the usual manner, CHAP 4 PAR 32 26 Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 ~ od > Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600,5A CHGE 4 May 3, 1966 35, thru 45, RESERVED, CHAP 4 27 and 28 PAR 25 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 R000300120001-2 Lé. 47. PBS P 1600.54 CHOE & May 3, 1966 PART 9. ACQUISITION OF REAL PROPERTY ADVICE GENERAL. This part provides for the preparation and use of GSA Form 1011, Aceuisiticn of Real Property Advice, as a notification - to the Office of Regional Data and Financial Management and the Regional Director, PBS, of transactions affecting the real property inventory. RESPONSIBILITY FOR PREPARATION. Upon receipt of notification from the Attorney General of the vesting of a valid title to real property in the Unitec States by deed of conveyance or condemnation proceed- ing, the Site Acquisition Division, Office of Space Management, shall report the vesting of title by preparing and Cistributing the required acquisivion advice. The original and two copies will be signed by the Assistant Commissioner for Space Managerert or by his delegates. DISTRIBUTION OF COPIES. The origina] of all GSA Forms 1011 shall be forwarded to the Office of Regional Data and Financial Management and @ signed copy to the regional Space Management Division. The preparing office wiil file the signed copy No. 2 for reference and record purposes. The regional Space Management Division shall make such furtner distribution of copies within the region as may be recuired. CHAP & 29 and 30 PAR 46 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO000300120001-2 PBS P 1600.54 January 23, 1964 TABLE OF CONTENTS Paragraph Paragraph Titles Numbers CHAPTER 5. CONDEMNATION PART 1. GENERAL Del init ions. koa. hokey in és Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241 RO00300120001-2 io. il. PBS P 1600.54 January 23, 1964 PART 3. DECLARATION OF TAKING DECLARATION OF TAKING. If the Government has need for immediate acquisition of title, a Declaration of Taking will be prepared by the Central Office, signed by the Administrator or Commissioner, PBS, and transmitted to the Department of Justice for filing, to- gether with a check in the amount of estimated just compensation for the property being taken. Upon the filing of the Declaration of Taking and payment of the estimated compensation into court, title vests in the United States and it becomes committed to pay whatever amount may finally be awarded in the Proceeding. A copy of the Declaration of Taking, together with the Judgment thereon, shall be furnished the regional office. POSSESSION. Upon the filing of a Declaration of Taking the court is authorized to fix the time within which, and the terms upon which, the parties in possession shall be required to surrender possession to the Government. The Depertment of Justice will be requested to have the United States Attorney obtain an appropriate order of possession or a right-of-entry, depending upon the needs involved. ACQUISITION OF REAL PROPERTY ADVICE. GSA Form. 1011, Acquisition of Real Property Advice, will be used for reporting the vesting of title in the United States in a condemation proceeding. See chap. 4-50 thr: 52 for detailed Procedure pertaining thereto. . CHAP 5 5 and 6 PAR 9 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 PBS P 1600.5A CHGE i January 6, 1965 PART 4. STIPULATIONS 12, GENERAL. Regional offices may conduct discussions, at the direction of the United States Attorney, for offers of settlement with the landowners and other interested parties defendant as to the amount of compensation to be paid. When a satisfactory agreement as to the price is reached, the execution of a stipulation, in such a form as is approved by the United States Attorney, may be procured, 13, APPROVAL OF STIPULATIONS, a, Where the amount of the offer of settlement does not exceed 110 percent of the Government's appraisal, the offer will be delivered to the U.S. Attorney for appropriate action. This is in accordance with the authority contained in chap. 4-14, above. The regional office will inform the Site AcquiSition Division, Office of Space Management, PBS, of such action. b. Where the gross amount of the offer of settlement exceeds fair market value of the property as established by the GSA appraisal but is not in excess of $10,000, Regional Administrators are authorized | to recommend acceptance or rejection of such settlement offers received from United States Attorneys. Due regard will be given to the appraised fair market value of the property and the views of United States Attorneys as to probable minimum trial costs and risk factors. c. Regional office recommendations on offers of settlement not covered by a and b, above, shall be forwarded to the Site Acquisition Division, Office of Space Management, PBS, together with a full Statement of the facts as follows: (1) The amount of the proposed settlement. (2) The appraised valuation of GSA and the Department of Justice appraisers, if any have been procured by that Department. (3) The appraised valuation by the owners! real estate experts, or other witnesses who may testify for owners, if such can be ascertained, (4) Recommendations of the U.S. Attorney as to acceptance of the proposed settlement. CHAP 5 7 PAR 12 Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 PBS P 1600,5A January 23, 1964 14, 15, (5) The recommendations of the Regional Administrator as to whether the offer of settlement should be approved or disapproved. (6) Such other matters as should be considered in determining whether the proposed settlement is satisfactory. (7) The report should contain the information required in tabulated form. For each item the statement should be short and concise; lengthy reports are not required, d. All settlements negotiated for the acquisition of real property will include all claims of any nature arising as a result of the acquisition of the estate recited in the condemnation complaint, e. Owners will be advised during negotiations for settlement that their offers of settlement are not binding on the Government until accepted by a duly authorized representative of the Department of Justice. RESERVATIONS BY OWNERS, Whenever landowners are to be per- mitted to remove crops, timber, buildings, or improvements on land (by approval of the Regional Administrator), the stipulation for settlement should include a reservation or exception of these items, together with the right to remove the same. The stipulation should specify the date on or before which the same shall be removed and should provide that if the crops, timber, buildings, or improvements are not removed on or before said date, the right of removal shall terminate automatically and the Government shall have an indefea- sible title to these items without further notice, The consideration to the Government for the reservation will be in an amount not less than the appraised salvage value of the buildings and improvements whichever are reserved, and such amount will be considered in arriving at the price fixed in the stipulation as the value of the prop- erty being acquired. OCCUPANCY. Whenever landowners or their tenants in possession are to be permitted to remain on the property (by approval of the Regional Administrator), the terms and conditions under which they are to remain in possession shall be stated in a lease agreement or stipulation. CHAP 5 PAR 13 8 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 16, 17. PBS P 1500.5A January 23, 1964 PART 5. AWARDS GENERAL, It is the practice of the Department of Justice to have judgment entered on court awards which do not exceed the amount deposited in the registry of the Court as estimated just compen- sation for the property being acquired, without reference to GSA. Where the amount of the award is in excess of the amount deposited, the Department of Justice will notify the Central Office. A check in the amount of the deficiency will be promptly forwarded by the Central Office to the Department of Justice for deposit in the reg- istry of the Court. RECOMMENDATION OF APPEAL, Where the Court award is considered unreasonable and the Department of Justice considers that the facts warrant an appeal or a motion for a new trial, the Department of Justice may request the views and recommendations of GSA thereon, These recommendations, if requested, will be submitted to the Depart- ment of Justice by the Central Office. CHAP 5 9 and 10 PAR 16 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PART 6. VACATION OF PROPERTY 18. APPRAISALS PRIOR TO VACATION. In condemnation proceedings there may be cases in which appraisals will not have been completed at the time the condemnation proceedings are filed. In such cases buildings and improvements will not be removed or destroyed until appraisals have been completed and photographs have been procured. 19. PROCEDURES IN VACATING PROPERTY. Procedures for vacating property by owners and tenants are outlined in chap. 4-16 thru 19, above. 11 and 12 Se Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 PBS P 1600.54 January 23, 1964 TABLE OF CONTENTS Paragraph Paragraph Titles Numbers CHAPTER 6, ACQUISITION OF EASEMENTS Genétals so. afcetace) Bb Ber aoe cae a), ee a he be ee Sa es 1 Form Of Easements: si. Por mroverzies being conceme? current and up¢cated'to the date the Decleracicn of Taxing is filed. Normally, it will be necessary vo urdate appraisals thar are over six months old prior to submitting the ec ser request to the Attorney General. Second appraisals will be obtained by GSA only when (1) the properties being condemned are estimated to have a value in excess of $50,CCO and (2) the Department of Justice reviewing arpraiser sv :cifically determines that such action is necessary. When the United States Attorney or other representative of the Department of Juctice requests a second appraisal, the request should be reviewed and coorcinated with appropriate Central Office officials of the Derartment of Justice, If following the review it is determined shat the second appraisal is necessary, the aprraisal will te obtained. 5. Notice to landowners and tenants. Whenever condemation is necessary, all affected landowners and tenants will be informed in writing by the regional office of the action being taken, the necessity therefore, and the procedure to be followed by the Govermment in ecquiring the lands through condemnation proceedings. (See ch. 1-13 for details). 6. Cooneration and assistance - United States Attormmey. a. It is emphasized that close cooperation and collaboration mst exist between GSA personnel and the Department of Justice. Al] dis-— cussions with landewners subsequent to the filing of a condemmation action will be under the direction of the United States Attorney. b. Regional offices, including regional counsel, will render all possible assistance to the United States Attorney in preparing con- demation proceedings for trial and in conducting such trials. Upon recuest of a United States Attorney or his representative, regional office will: (1) Prepare necessary exhibits for trial. (2) Obtain expert witnesses and assist in preparing them for trial, (3) Take necessary action to insure presence of witnesses at the trial. : (4) Be represented at the Trial by some person thoroughly familiar with the details of the property being condemed. 7. Title evidence. It is the responsibility of GSA to obtain the title evidence to property being acquired by condemation and the title evidence will be obtained in the marmer vcrescribed in ch. 5 of the HB. There are four areas where care must be taken to insure that all persons having an interest in the property including those owning an estate Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241R000300120001-2 ae Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 as well as those having a lier or encumbrance om the land are named as oh wa 7 . sf * 7 cefendants in % tiored in ch. 5-la and name all known parties having an interest in the property. (1) All title evidence must comply with the "Standards" men- (2) The Declaration of Takings forwarded by the regional office to the Department of Justice must name all such rarvies as defendants. (3) Title evidence mst be contimed to the date of taking to disclose the state of title at the time of the taking and firnished to the United States Attorney. (4) Inmediately following the date of taking, a Certificate of Inspection and Fossession must be prepared and furmished to the United States Attorney. The Certificate identifies parties in possession as well as those who may have mechaniecs' or materialmans' liens on the propery. 8. Mavs and descrivtions. The preparation of necessary maps and descriptions is the responsibility of GSA. 9. Condemmation assembly. The request of the Regional Administrator that concemation proceedings be instituted shall be accompanied by the instruments described below. Efforts should be made to submit at the same time the assemblies on all tracts on the project that are to be condemiec. The condematicn assemply is to be furnished directly to the Departmem: of Justice with a copy sent to the Office of Space Planning and Management. It must consist of the following: a. Original and four copies of the transmittal letter (see par. 10 below and fig. 7-3 for sample forzat request for cordemnation letter), the Declaration of Taking, and summary of site data (see sample Informa-— tion Sheet). b. Original and enough copies of each Schedule to provide one copy for each defendant plus 10 additional copies. Schedule A cites the authorities under which the property is being acquired and the public uses for which it is intended. Schecule B contains the metes and bounds description of the property (which mist conform to the survey), the names and addresses of purported owners, the estimated compensation deposited into the registry of the court, and the estate taken. Schedule B mist contain a separate page for each vercel being aemcred. Schedule C is a plat of the land being acquired with the parcels being condemned clearly defined showing metes and bouncs, ownerships, parcel numbers, and parcel areas in acres or square feet. Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 Ja oe Sit Tes : = . == Svacence, arprgis2l reverts, records of = mA ~~. Letver of transmittal - corterts, Ali rezuests from the Regional Aczuinistrator will include the following: a. A statement justifying the need for condemation. b. Estimated fair market value of the property being acquired. c. Information as to whether the read property to be condemned is vacant or occupied. d. A statement as to whether immediate rossession is required and why. e. A statement as to date occupants will be recuired to vecate ° i es 0: the 34 parcels in the site, 26 have or will be acquired by voluntary conveyance, and the reméining 8 are ; one 2 : ‘ : a. oe © ae a the subject of this condemnation request. A = Figure 7-3. Sample Condemnation Assembly (Part 6 of 9) Declassified and Approved For Release 2012/04/11 : CIA-RDPO2-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 0 aoe: AA Oe Ie u! ic Ior fot file ies. - +n x : rotae taiing of the land is the Act | | cre Act of February 26, 1931 (45 Stat. 1421, 40 u.s.c 258a) o~ eh, o > ? 1 i | oo GUS e. Ty TBS: Pasi S54 35 4 5 | ; ( +» 397, 40 U.S.C. 257), as anended; | { tae Federal Property and Adninistrative Services Act of 1949, 63 Stat, 377, as emenéed; the Public Builcings Act of 5 4 ; | 1959, 73 Stat. 479, as anended; (an aporoved éepprovriation : eps ? act mRMOran~s 7 + Ts éppropriatine funds for the project (the Public Buildings approved June 16, 1972, 86 Stat. 216 1 ? PRS eae e ‘ : project 18 to be financea thereunder) or acts Supplemen oo ee, er wy Ty thereto and anendatory thereof, PUaLlC USES: The said land has been selected for acquisition by . +} y tae United States in connection with the construction and cm ~ . t etc. ), a » @nd for such other uses as may be authorized by Congress maintenance of.a (Federal Buildin Ady Cour thease. aerdoe St asa ) jor by Executive Order, ' (NOTE: DO NOT NUMBER THE PAGES OF ANY SCHEDULE). Figure 7-3. Sample Condemnation Assembly (Part 7 of 9) 5 Sele : . er (ue MOT bse seep botew chi- ret Lots. 5 : te SEGRE Agate, Fy. eee * tes _f Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 eee: being Lot » Of Block - ™D z ‘ . wo Pace » Puolic Records of (St2 te} more particulérly ceserited as Follows: The tract of land herein e2scribed contains in the égeregat res 2A ° ee7egate 0.000 acres (square feet), more or less. om ~ 0) et Q i) vv Beginning at a point , Sescription). re ep esny ree nd bounds ——-. “ames and Addresses o£ Purported Qvners: John Doe 1876 Any Street City; State Zip Code cae Toe . aa iW ’OTE: Ly Provide adequate space here for additional parties: > | Phone No., if known | and 2 Please add i . : OG aS parties defendant local, county, or a : ae State taxing authorities who May have or claim an interest Oy reason of taxes or assessments due and exigible) the above described property: $00,000.00 Figure 7-3. Sample Condemnation Assenbly (Part @ of 9) Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 estimated cor anes S ‘ dies Ons Ae e eiay eo Be gee. fs _ ted compensation geposited in the registry of -the court: ‘I: Ipae oe nye acy tereQengas ' fiew : Fahy Vee h ~ 9 ee NOTE: USE SEPARATE SHEET OR MORE FOR EACH PARCEL, (NOTE: Figure 7 j a 2) 4 ee Se. ee : ee a ee ee ore oma ere ! Por S420 PMSlse WSs Bar the (ee A Pages ee gh is | Res NOPE th CR EB Et Spee raat Pel lt sy. Des > privileas ard CAS@nent or foervituce im, on and to the land cescrived, {O° CRDEr Voor cb os OTe Sudject, however, to the right of the owners or pudlic utility feciliries, if any, upon, over, OF uncer the land, to remove such Facilities, _— eee DO NOT NUMBER THE PAGES OF ANY SCHEDULE). ~3. Sample Concennat (Part 9 of 9) Declassified and Approved For Release 2012/04/11 : CIA-RDP0O2-06241R000300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 REFERENCE CONTRACT TO SELL REAL PROPERTY “se undersigned, hereinafter called the “Vendor,” who represents that he (she) (it) is the owner of the rea! property described below, hereby, vimself (herself) (itself), his (her) heirs, executors, administrators (its), successors and assigns, agrees to convey to the United States of . rica and its assigns, in accordance with the terms and conditions set forth herein, the land, together with the buildings and improvements thereon, unless specifically excepted, and all rights, hereditaments, easements, and appurtenances thereto. The real property which the Vendor agrees to convey to the United States of America and its assigns is located in: CITY poe . STATE as shown by the attached plat and more particularly described as follows: Vendor covenants and agrees to convey to the United States of America and its assigns the indefeasible fee simple title to the above-described subject only to the following outstanding rights in third parties: (If ‘‘none,’’ so state) The Vendor specifically reserves and excepts the following rights and interests in the above-described property: {If ‘‘none," so state) The Vendor and the spouse, if any, of the Vendor, by signing below, agrees to join in any deed to the United States, and agrees to convey said real property to the United States of America and its assigns in consideration of the sum of dollars ($ which amount shall be paid at the time the title to the property becomes vested in the United States. The Vendor further agrees that the United States of America shal! have days to indicate its acceptance of the contract price and the terms and conditions herein, by mailing or delivering a copy of this contract signed by a duly authorized representative of the United States, to the Vendor at the address indicated below. NAME AND ADDRESS OF VENDOR ACCEPTANCE OF OFFER TO SELL REAL PROPERTY (Include street address, city, state & ZIP code) Date: The offer of the Vendor contained herein is hereby accepted for and on behalf of SIGNED, SEALED AND DELIVERED THIS DATE: THE UNITED STATES OF AMERICA in By: Pa Vendor (Signature} Contracting Officer (Signature) Vendor's Spouse (if any) (Signature) GENERAL SERVICES ADMINISTRATION GSA Form 1226 (Rev. 3-75) Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241RO00300120001-2 Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2 TERMS ANO CONDITIONS OF CONTRACT t. SURVEY WITH PRICE ADJUSTMENT IF LESS AREA. The descrip- tion of the property is subject to such modifications as may be necessary to conform to a survey of the property to be made by and at the expense of the United States. in the event that the property to be conveyed ha: an area less than indicated by the dimensions given in the description (clear building space, exclusive of sidewalks, etc.), at the election of the United States an equitable reduction shall be made in the amount of the purchase price. The United States is not obligated to conctude the purchase of an area jess than that described. 2. SATISFACTORY TITLE AND TITLE EVIDENCE. In order for the fand to be acquired by voluntary conveyance, the title must be satisfactory to the Attorney General of the United States. The United States will Gefray the expenses incident to the preparation and recordation of the deed and obtaining of title evidence. In the event that the title to the property should be unsatisfactory, the Vendor agrees to deliver or cause to be delivered to the United States, at the Vendor's expense, such deeds, toleases, affidavits, or other title instruments as the Attorney General may tequire to cure the title defects. Should the Vendor fail to cure the title Gefects within sixty (60) days (or such extended period as the Attorney General may allow) after receipt of written notice of such defects, the United States may elect either to terminate this contract by giving written notice of termination to the Vendor, or it may condemn the property as provided in paragraph 4 hereof. If the United States should give such notice of termination, the contract and the obligations incurred thereunder shall be deemed terminated as of the date of such notice without liability by the United States. b. The title when conveyed to the United Stetes shall be clear of ali mineral rights and interests, easements, restrictions, and leases, except those which may be acceptable to the United States. All judgments, taxes, assessments, liens or encumbrances of any sort, existing or inchoate, shal! be satisfied. However, it shall not be necessary to discharge liens and Mortgages until such time as the transfer of title to the Government .is made. The Vendor will be reimbursed by the United States for the pro rata portion of prepaid real proparty taxes which are allocable to a period subsequent to the date of vesting title in the United States, or the effective Gate of possession of the property by the United States, whichever is earlier. The United States will defray the penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the property. 3. DEED. Title to the property shall be conveyed to the United States by a general warranty deed, which shall be satisfactory to the Attorney General, except that instruments of conveyance by states, municipal corporations, fiduciaries, and persons acting solely in a representative capacity need not contain general warrenty covenants, if otherwise satisfactory to the Attorney General. The purchase price recited in the deed shall be the actual consideration paid by the United States. The deed will be prepared by the United States and recorded at its own expense. The Vendor shall, however, obtain and affix to the deed documentary revenue Stamps required by jaw. The Vendor will be reimbursed by the United States for such transfer taxes. 4. CONDEMNATION PROCEEDINGS. The United States has the right to acquire the property by institution of condemnation proceedings in the appropriate Federal court having jurisdiction. The Vendor agrees to cooperate with the United States in the prosecution of such condemnation proceedings and expressly consents that this contract to sell rea! property can be used as a basis for stipulation therein for the purpose of fixing the just compensation of the property. The Vendor further agrees that any and all awards of just compensation that may be determined by judgment of the court on behalf of any end al! persons, corporations, or associations, other than the Vendor, shall be deducted from the purchase price, and the Vendor consents to the entry of such judgments, if any, end to eccept the femaining balance as full and just compensation for the taking of the property dascribed. 5. DIMINUTION IN VALUE, LOSS OR DAMAGE. The Vendor agrees not to do, of permit others to do, any act by which the value of the subject property may be diminished or whereby the title to the property may be encumbered. The Vendor further agrees that if any loss or damage to the property, or to any part thereot, should occur from fire of acts of God or anu ather cause nriog in the vesting of satisfactory tithe to the property in or damage shail be borne by the Vendor, and the United States may, without liability, refuse 10 accept conveyance of the property, or may elect to accept conveyance based upon an equitable adjustment of the purchase price. 6 ENTIRE SITE TO BE ACQUIRED. If the property described in this contrect is composed of more than one parcel of lend, the United States shall be under no obligation to acquire any parcel until the Attorney General shall have rendered a favorable opinion on the title to all the parcels embraced in the entire tract. Where the United States determines that a portion of the property shail be acquired by condemnation proceedings, as provided in paragraph 4, the United States shall not be fequired to conclude the purchase of any parce! until the entire tract has been acquired. 7. ATTEMPTED VARIATIONS. No variation or departure from the terms of this contract wilt be binding on the United Stetes unless previously agreed upon in writing by the Administrator of General Services or his duly authorized representative. 8. OFFICIALS NOT TO BENEFIT. No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise thersupon; but this provision shall not be construed to extend to the contract if made with a corporation for its genera! benefit. 9. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. For breach or violation of this provision, the United States shall have the right to annul this contract without fiability or in its discretion to deduct from the contract price the full amount of such commission, percentage, brokerage, or contingent fee. 10. EXAMINATION OF RECORDS. The Vendor agrees that the Comp troller Genera! of the United States or any of his duly euthorizec representatives shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any Girectly pertinent books, documents, papers, end records of the Vendor involving transactions related to this contract. 11. CLEARING OF SITE. In the event the Vendor reserves the right to femove buildings or other improvements from the site, this Condition 11 shall apply. a. The Vendor agrees, without expense to the United States and to the satisfaction of the custodian of the site, to remove the taid buildings or other improvements down to ground level, and alto to remove all tracks, poles, and wires (overhead or underground), all gas, water, and heating pipes, ducts, conduits, atc., and sewers crossing the site, or, in lieu of removal thereof, to plug at the lot lines any such pipes, ducts, conduits, or sewers. b. Immediately after title to the land shall have vested in the United States (or it removel of reserved buildings or other improvement: shall have Geated a dangerous condition, then immediately after such condition is created), the Vendor agrees, without expense to the United States, to rail off or cover, to the satisfaction of the custodian of the site, all open wells, cellars, or other excavations on the site. ¢. Prior to the payment of the purchase price to the Vendor for the land, the Vendor agrees to furnish a good and sufficient bond in such amount as the United States may deem appropriate, quarantering the performance of all of the obligations of the Vendor relating to site clearance set forth above. d. If the Vendor fails to comply with any of the obligations set for subparagraphs a, b, and ¢ of these Special Provisions, the United Stat. its duly authorized representative, may perform the work, seli or dispose 0} any buildings or other improvements, or any portion thereof, end collect from the Vendor or the obligors on the bond referred to in subparagraph c. herein, all costs incurred that are in axcess of the proceeds of any such sole. Declassified and Approved For Release 2012/04/11 : CIA-RDP02-06241R000300120001-2