B-60272, NOVEMBER 15, 1946, 26 COMP. GEN. 331

B-60272: Nov 15, 1946

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PROVIDED THE VOUCHER EVIDENCING SUCH EXPENDITURE IS ACCOMPANIED BY AN EXPLANATION OF THE NECESSITY THEREFOR. 1946: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28. AS FOLLOWS: IT WILL BE APPRECIATED IF YOU WILL ADVISE WHETHER THIS DEPARTMENT'S APPROPRIATION FOR RENT. WATER IS AVAILABLE FOR THE PAYMENT OF FEES FOR THE RECORDING OF CONTRACTS FOR THE OCCUPANCY OF QUARTERS FOR POST OFFICE PURPOSES. IT IS UNDERSTOOD THAT FOR MANY YEARS IT HAS BEEN CUSTOMARY FOR THE POST OFFICE DEPARTMENT TO INSERT IN ALL WRITTEN LEASES A PROVISION REQUIRING THE LESSORS. TO HAVE THE LEASES DULY RECORDED IN THE PROPER REGISTRY OF DEEDS OF THE COUNTY WHEREIN THE PREMISES ARE SITUATED WITHIN THE TIME REQUIRED BY LAW TO RENDER IT EFFECTIVE AS CONSTRUCTIVE NOTICE.

B-60272, NOVEMBER 15, 1946, 26 COMP. GEN. 331

RECORDING FEES - APPROPRIATION AVAILABILITY THE CURRENT POST OFFICE DEPARTMENT APPROPRIATION FOR RENT, ETC., FOR POST OFFICE QUARTERS MAY BE USED FOR THE PAYMENT OF FEES INCIDENT TO THE RECORDING OF POST OFFICE LEASES FOR THE PURPOSE OF PROTECTING THE GOVERNMENT'S RIGHTS IN THE LEASED PREMISES BY GIVING NOTICE OF THE EXISTING TENANCY TO PROSPECTIVE LESSEES OR PURCHASERS, PROVIDED THE VOUCHER EVIDENCING SUCH EXPENDITURE IS ACCOMPANIED BY AN EXPLANATION OF THE NECESSITY THEREFOR.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, NOVEMBER 15, 1946:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28, 1946, AS FOLLOWS:

IT WILL BE APPRECIATED IF YOU WILL ADVISE WHETHER THIS DEPARTMENT'S APPROPRIATION FOR RENT, LIGHT, POWER, FUEL, AND WATER IS AVAILABLE FOR THE PAYMENT OF FEES FOR THE RECORDING OF CONTRACTS FOR THE OCCUPANCY OF QUARTERS FOR POST OFFICE PURPOSES.

THE TREASURY AND POST OFFICE DEPARTMENTS APPROPRIATION ACT, 1947, PUBLIC LAW 518, APPROVED JULY 20, 1946, 60 STAT. 584, PROVIDES, UNDER THE HEADING " OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL," IN PART AS FOLLOWS:

RENT, LIGHT, POWER, FUEL AND WATER: FOR RENT, LIGHT, POWER, FUEL, AND WATER, FOR FIRST-, SECOND-, AND THIRD-CLASS POST OFFICES, AND THE COST OF ADVERTISING FOR LEASE PROPOSALS FOR SUCH OFFICES, $12,825,000.

IT IS UNDERSTOOD THAT FOR MANY YEARS IT HAS BEEN CUSTOMARY FOR THE POST OFFICE DEPARTMENT TO INSERT IN ALL WRITTEN LEASES A PROVISION REQUIRING THE LESSORS, AT THEIR OWN COST, TO HAVE THE LEASES DULY RECORDED IN THE PROPER REGISTRY OF DEEDS OF THE COUNTY WHEREIN THE PREMISES ARE SITUATED WITHIN THE TIME REQUIRED BY LAW TO RENDER IT EFFECTIVE AS CONSTRUCTIVE NOTICE. YOUR LETTER DOES NOT EXPLAIN THE NECESSITY FOR DEVIATING FROM THIS LONG-STANDING PRACTICE AT THE PRESENT TIME. HOWEVER, HAVING IN MIND THAT THE PURPOSE OF RECORDING LEASES FOR POST OFFICE QUARTERS IS TO PROTECT THE GOVERNMENT'S RIGHTS IN THE LEASED PREMISES BY GIVING NOTICE OF THE EXISTING TENANCY TO PROSPECTIVE LESSEES OR PURCHASERS, I HAVE TO ADVISE THAT THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO EXPENDITURES FOR RECORDING FEES IN PARTICULAR CASES, PROVIDING THE VOUCHER EVIDENCING SUCH EXPENDITURE IS ACCOMPANIED BY AN EXPLANATION OF THE NECESSITY FOR SUCH COST BEING BORNE BY THE GOVERNMENT.