B-133916, NOV. 7, 1957

B-133916, NOV. 7, 1957

TO THE SECRETARY OF THE AIR FORCE:

PUBLIC LAW 85-291, APPROVED SEPTEMBER 4, 1957, AUTHORIZES AND DIRECTS THE SECRETARY OF THE TREASURY TO PAY FROM THE GENERAL FUNDS IN THE TREASURY, TO JACKSON SCHOOL TOWNSHIP, CASS COUNTY, INDIANA, THE SUM OF $193,352 IN FULL SATISFACTION OF THE CLAIM OF THE TOWNSHIP AGAINST THE UNITED STATES FOR COMPENSATION FOR THE LOSS OF UTILITY OF ITS SCHOOL PROPERTY AT LINCOLN, INDIANA, AND FOR COSTS TO BE INCURRED IN RELOCATING THE SCHOOL DUE TO THE NOISE AND DANGER FROM THE DEPARTMENT OF THE AIR FORCE AIRCRAFT USING BUNKER HILL AIR BASE. THE ACT FURTHER PROVIDES THAT THE APPROPRIATE AUTHORITIES CONVEY TO THE UNITED STATES ALL OF THEIR RIGHT, TITLE, AND INTEREST IN AND TO THE TOWNSHIP SCHOOL PROPERTY.

WE RECEIVED A LETTER DATED SEPTEMBER 13, 1957, TWO COPIES ENCLOSED, FROM MR. TOM F. HIRSCHAUER, ATTORNEY FOR THE JACKSON SCHOOL TOWNSHIP TRUSTEE WHEREIN HE SAYS THAT THEY ARE PREPARING TO PROVIDE A MERCHANTABLE ABSTRACT OF TITLE AND THE PROPER CONVEYANCES FOR THE SCHOOL PROPERTY AT SUCH TIME AND TO WHOMSOEVER THEY ARE DIRECTED. HE FURTHER SAYS THAT THE OFFICIALS OF JACKSON TOWNSHIP ARE IN THE PROCESS OF BUILDING A NEW SCHOOL, WHICH WILL NOT BE READY FOR OCCUPANCY UNTIL SEPTEMBER 1958, BUT THAT THE MONEY PROVIDED IN THE ABOVE ACT WILL BE NEEDED PRIOR TO THAT TIME IN ORDER TO PAY FOR THE NEW SCHOOL. HE REQUESTS TO BE ADVISED AS TO THE POSSIBILITY OF MAKING ARRANGEMENTS TO TRANSFER TITLE TO THE SCHOOL PROPERTY IN RETURN FOR PAYMENT OF THE AMOUNT APPROPRIATED TO THE SCHOOL AUTHORITIES, WITH PERMISSION TO RETAIN POSSESSION OF THE BUILDING UNTIL THE END OF THE PRESENT SCHOOL YEAR.

WHILE THE ACT CONDITIONS PAYMENT FOR THE SCHOOL PROPERTY UPON TRANSFER OF TITLE TO THE UNITED STATES, IT IS SILENT AS TO THE PARTICULAR GOVERNMENT DEPARTMENT OR AGENCY THAT IS AUTHORIZED TO TAKE CUSTODY AND CONTROL OF THE PROPERTY UPON CONVEYANCE OF SAME TO THE UNITED STATES. THE DEPARTMENT OF THE AIR FORCE, HOWEVER, IS DIRECTLY INVOLVED IN THE CIRCUMSTANCES GIVING RISE TO PAYMENT FOR AND ACQUISITION OF THE SCHOOL PROPERTY. HENCE, FOR THE PURPOSE OF CONSUMMATING THE TRANSACTION THE ACT REASONABLY MAY BE CONSIDERED AS VESTING A NEED FOR CONTROL OF THE PROPERTY IN THAT DEPARTMENT IN ORDER THAT AN APPROPRIATE REQUEST MAY BE MADE TO THE ATTORNEY GENERAL FOR AN OPINION AS TO THE VALIDITY OF THE TITLE PURSUANT TO THE REQUIREMENTS OF SECTION 355, REVISED STATUTES, AS AMENDED, 40 U.S.C. 255. WHEN SUCH ACTION SHALL HAVE BEEN COMPLETED AND OUR OFFICE SO ADVISED, WE WILL THEN BE IN A POSITION TO PROCESS THE PAYMENT AS PROVIDED BY THE ACT.

AS TO THE REQUEST FOR PERMISSION TO USE THE OLD BUILDING UNTIL THE END OF THE SCHOOL YEAR WE SUGGEST THAT THIS MAY BE ACCOMPLISHED BY A RESERVATION TO THAT EFFECT IN THE DEED OF CONVEYANCE.

ANY ACTION WHICH YOU MAY TAKE TO EXPEDITE THE MATTER WILL BE APPRECIATED. A COPY OF THIS LETTER IS BEING SENT TO MR. HIRSCHAUER AS WELL AS TO CONGRESSMAN CHARLES A. HALLECK WHO HAS INDICATED AN INTEREST IN THE MATTER.