A-73385, APRIL 14, 1936, 15 COMP. GEN. 910

A-73385: Apr 14, 1936

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IF IN HIS OPINION SAID ENCUMBRANCES WILL NOT INTERFERE WITH THE USE OF SUCH LANDS FOR THE PURPOSES OF THE ACT. AS FOLLOWS: REFERENCE IS MADE TO SECTION 301 OF THE ACT OF JUNE 15. WILL NOT INTERFERE WITH THE USE OF SUCH AREAS FOR THE PURPOSES OF THE ACT. CONTAINED IN DULY EXECUTED PURCHASE AGREEMENTS PROCURED PURSUANT TO THIS ACT HAVE BEEN ADMINISTRATIVELY CONSIDERED AND IN MY OPINION WILL. CONTAINED IN DULY EXECUTED PURCHASE AGREEMENTS WILL IN NO MANNER INTERFERE WITH THE USE OF THE LANDS SO ENCUMBERED. CONTEMPLATES THAT SUCH DETERMINATION SHALL BE MADE IN EACH PARTICULAR CASE AND THAT THERE SHALL BE STATED THE FACTS UPON WHICH THE CONCLUSION IS BASED THAT THE RESERVATION OF RIGHTS-OF-WAY.

A-73385, APRIL 14, 1936, 15 COMP. GEN. 910

REAL ESTATE - ACQUISITION - ENCUMBRANCE DETERMINATION BY SECRETARY OF AGRICULTURE THE TERMS OF SECTION 301 OF THE ACT OF JUNE 15, 1935, 49 STAT. 378, 382, CONFERRING UPON THE SECRETARY OF AGRICULTURE AUTHORITY TO ACQUIRE LANDS SUBJECT TO RIGHTS-OF-WAY, EASEMENTS AND RESERVATIONS, IF IN HIS OPINION SAID ENCUMBRANCES WILL NOT INTERFERE WITH THE USE OF SUCH LANDS FOR THE PURPOSES OF THE ACT, CONTEMPLATE INDIVIDUAL AND NOT BLANKET DETERMINATIONS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, APRIL 14, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 31, 1936, AS FOLLOWS:

REFERENCE IS MADE TO SECTION 301 OF THE ACT OF JUNE 15, 1935 (49 STAT. 378, 382), WHICH AUTHORIZES THE ACQUISITION OF LANDS SUBJECT TO RIGHTS-OF- WAY, EASEMENTS, AND RESERVATIONS, IF IN THE OPINION OF THE SECRETARY OF AGRICULTURE SAID RESERVATIONS, RIGHTS-OF-WAY, OR EASEMENTS, WILL NOT INTERFERE WITH THE USE OF SUCH AREAS FOR THE PURPOSES OF THE ACT.

THE RESERVATIONS, IF ANY, CONTAINED IN DULY EXECUTED PURCHASE AGREEMENTS PROCURED PURSUANT TO THIS ACT HAVE BEEN ADMINISTRATIVELY CONSIDERED AND IN MY OPINION WILL, IN NO MANNER, INTERFERE WITH THE USE OF THE LANDS SO ENCUMBERED FOR THE PURPOSES OF THE ACT.

THE TERMS OF THE REFERRED TO STATUTE DO NOT CONTEMPLATE THAT THE SECRETARY OF AGRICULTURE SHALL MAKE A BLANKET STATEMENT THAT THE RESERVATIONS, IF ANY, CONTAINED IN DULY EXECUTED PURCHASE AGREEMENTS WILL IN NO MANNER INTERFERE WITH THE USE OF THE LANDS SO ENCUMBERED. ON THE CONTRARY, SECTION 301 OF THE ACT OF JUNE 15, 1935, CONTEMPLATES THAT SUCH DETERMINATION SHALL BE MADE IN EACH PARTICULAR CASE AND THAT THERE SHALL BE STATED THE FACTS UPON WHICH THE CONCLUSION IS BASED THAT THE RESERVATION OF RIGHTS-OF-WAY, ETC., WILL NOT INTERFERE WITH THE USE OF THE LANDS FOR THE PURPOSES FOR WHICH ACQUIRED.