Pub. L. 85-685, tit. V, sec. 513

Sec. 513. (a) Notwithstanding the authorizations for the construction of family housing contained in subsections 104 (a), 204 (a), and 304 (a) of this Act, the total number of units of family housing contracted for during fiscal year 1959 pursuant to the authority contained in such subsections shall not exceed a total of four thousand units. The Secretary of Defense shall determine the total number of units to be constructed by each of the military services in conformity with the provisions of this subsection. (b) Notwithstanding the authorizations for the construction of family housing contained in subsections 104 (b), 204 (b), and 304 (b) of this Act, the total number of units of family housing contracted for during fiscal year 1959 pursuant to the authority contained in such subsections shall not exceed a total of thirty thousand units. The Secretary of Defense shall determine the total number of units to be constructed by each of the military services in conformity with the provisions of this subsection. The Secretaries of the three military departments, or the designee of each, shall promptly notify the Committees on Armed Services of the Senate and House of Representatives of any determination made hereunder as it affects each such department. (c) To the extent that any of the authorizations contained in subsections 104 (b), 204 (b), and 304 (b) of this Act to construct housing at locations specified therein are not utilized, such authorizations may be exercised to construct housing at other locations, except that (1) the total number of housing units to be constructed under the authority of this subsection by any service shall not exceed 10 per centum of the total number of units authorized to be constructed by that service under subsections 104 (b), 204 (b), or 304 (b), as the case may be, and (2) the total number of units constructed by the three services pursuant to this authority shall not, when added to the total number of units constructed pursuant to the authority contained in subsections 104 (b), 204 (b), and 304 (b). exceed the total number of units authorized to be contracted for by subsection (b) hereof. (d) Section 404 (c) of the Housing Amendments of 1955, as amended, is amended to read as follows: “(c) (1) Condemnation proceedings instituted pursuant to this section shall be conducted in accordance with the provisions of the Act of August 1, 1888 (25 Stat. 357; 40 U. S. C. 257), as amended, or any other applicable Federal statute. Before any such condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation. In any such condemnation proceedings, and in the interests of expedition, the issue of just compensation may be determined by a commission of three qualified, disinterested persons to be appointed by the court. Any commission appointed hereunder shall give full consideration to all elements of value in accordance with existing law, and shall have the powers of a master provided in subdivision (c) of rule 53 of the Federal Rules of Civil Procedure and proceedings before it shall be governed by the provisions of paragraphs (1) and (2) of subdivision (d) of such rule. Its action and report shall be determined by a majority and its findings and report shall have the effect, and be dealt with by the court in accordance with the practice prescribed in paragraph (2) of subdivision (e) of such rule. Trial of all issues, other than just compensation, shall be by the court. “(2) In any condemnation proceedings 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 first section of the Act of February72 Stat. 664 26, 1931 (46 Stat. 1421), providing 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, but such payment shall be made without prejudice to any party to the proceeding. In the event that condemnation proceedings are instituted in accordance with procedures under such Act of February 26, 1931, the court shall order that the amount deposited shall be paid in a lump sum or over a period not exceeding five years in accordance with stipulations executed by the parties in the proceedings. In connection with condemnation proceedings which do not utilize the procedures under such Act, the Secretary or his designee, after final judgment of the court, may pay or agree to pay in a lump sum or, in accordance with stipulations executed by the parties to the proceedings, over a period not exceeding five years the difference between the outstanding principal obligation, plus accrued interest, and the price for the property fixed by the court. Unless such payment is made in a lump sum, the unpaid balance thereof shall bear interest at the rate of 4 per centum per annum.”