authority to requisition and condemn

authority to requisition and condemn Sec. 102. (a) Title II of the Defense Production Act of 1950 is amended by adding to the heading thereof the words “AND CONDEMN”. (b) Section 201 of the Defense Production Act of 1950 is amended— (1) By adding at the end of subsection (a) the following new sentence: “No real property (other than equipment and facilities, and buildings and other structures, to be demolished and used as scrap or secondhand materials) shall be acquired under this subsection.” (2) By adding after subsection (a) the following new subsection: “(b) Whenever the President deems it necessary in the interest of national defense, he may acquire by purchase, donation, or other means of transfer, or may cause proceedings to be instituted in any court having jurisdiction of such proceedings to acquire by condemnation, any real property, including facilities, temporary use thereof, or other interest therein, together with any personal property located thereon or used therewith, that he deems necessary for the national defense, such proceedings to be in accordance with the Act of August 1, 1888 (25 Stat. 357), as amended, or any other applicable Federal statute. Before condemnation proceedings are instituted pursuant to this section, an effort shall be made to acquire the property involved by negotiation unless, because of reasonable doubt as to the identity of the owner or owners, because of the large number of persons with whom it would be necessary to negotiate, or for other reasons, the effort to acquire by negotiation would involve, in the judgment of the President, such delay in acquiring the property as to be contrary to the interest of national defense. In any condemnation proceeding instituted pursuant to this section, the court shall not order the party in possession to surrender possession in advance of final judgment unless a declaration of taking has been filed, and a deposit of the amount estimated to be just compensation has been made, under the 65 Stat. 133 first section of the Act of February 26, 1931 (46 Stat. 1421), for such declarations. Unless title is in dispute, the court, upon application, shall promptly pay to the owner at least 75 per centum of the amount so deposited, out such payment shall be made without prejudice to any party to the proceeding. Property acquired under this section may be occupied, used, and improved for the purposes of this section prior to the approval of title by the Attorney General as required by section 355 of the Revised Statutes, as amended.” (3) By striking out “requisitioned” in the presently designated subsection (c), and inserting in lieu thereof “acquired”. (4) By redesignating subsections (b) and (c) as subsections (c) and (d),respectively.