Federal Property and Administrative Services Act of 1949

* Act of June 30, 1949 (P.L. 81-152, Ch. 288, 63 Stat. 377; 531(note), 531-535)

TITLE VIII-URBAN LAND UTI-LIZATION

Short Title

Sec. 801. This title may be cited as the "Federal Urban Land-Use Act." (40 U.S.C. 531 (note))

Declaration of Purpose and Policy

Sec. 802. It is the purpose of this title to promote more harmonious intergovernmental relations and to encourage sound planning, zoning, and land use practices by prescrib-ing uniform policies and procedures whereby the Administrator shall acquire, use, and dispose of land in urban areas in order that urban land transactions entered into for the General Services Administration or on behalf of other Federal agencies shall, to the greatest extent practica-ble, be consistent with zoning and land-use practices and shall be made to the greatest extent practicable in accordance with planning and devel-opment objectives of the local gov-ernments and local planning agen-cies concerned. (40 U.S.C. 531)

Disposal of Urban Lands

Sec. 803. (a) Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of any real property situated within an urban area, he shall, prior to offering such land for sale, give reasonable notice to the head of the governing body of the unit of general local government having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located in order to afford the government the opportunity of zoning for the use of such land in accordance with local comprehensive planning.

(b) The Administrator, to the greatest practicable extent, shall furnish to all prospective purchasers of such real property, full and complete information concerning-

(1) current zoning regulations and prospective zoning requirements and objectives for such property when it is unzoned; and

(2) current availability to such property of streets, sidewalks, sewers, water, street lights, and other service facilities and prospective availability of such services if such property is included in comprehensive planning. (40 U.S.C. 532)

Acquisition or Change of Use of Real Property

Sec. 804. (a) To the extent practicable, prior to a commitment to acquire any real property situated in an urban area, the Administrator shall notify the unit of general local government exercising zoning and land-use jurisdiction over the land proposed to be purchased of his intent to acquire such land and the proposed use of the property. In the event that the Administrator determines that such advance notice would have an adverse impact on the proposed purchase, he shall, upon conclusion of the acquisition, immediately notify such local gov-ernment of the acquisition and the proposed use of the property.

(b) In the acquisition or change of use of any real property situated in an urban area as a site for public building, the Administrator shall, to the extent he determines practica-ble-

(1) consider all objections made to any such acquisition or change of use by such unit of gov-ernment upon the ground that the proposed acquisition or change of use conflicts or would conflict with the zoning regulations or planning objectives of such unit; and

(2) comply with and conform to such regulations of the unit of general local government having jurisdiction with respect to the area within which such property is situat-ed and the planning and develop-ment objectives of such local gov-ernment. (40 U.S.C. 533)

Sec. 805. The procedures pre-scribed in sections 803 and 804 may be waived during any period of national emergency proclaimed by the President. (40 U.S.C. 534)

Definitions

Sec. 806. As used in this title-

(a) "Unit of general local govern-ment" means any city, county, town, parish, village, or other general-purpose political subdivision of a State.

(b) "Urban area" means-

(1) any geographical area within the jurisdiction of any incor-porated city, town, borough, village, or other unit of general local gov-ernment, except county or parish, having a population of ten thousand or more inhabitants;

(2) that portion of the geo-graphical area within the jurisdiction of any county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density equal to or ex-ceeding one thousand five hundred inhabitants per square mile; and

(3) that portion of any geo-graphical area having a population density equal to or exceeding one thousand five hundred inhabitants per square mile and situated adja-cent to the boundary of any incorpo-rated unit of general local government which has a population of ten thousand or more inhabitants.

(c) "Comprehensive planning" includes the following, to the extent directly related to the needs of a unit of general local government:

(1) Preparation, as a guide for governmental policies and action, of general plans with respect to;

(A) the pattern and intensity of land use;

(B) the provision of public facilities (including transpor-tation facilities) and other govern-mental services, and (C) the effec-tive de-vel-opment and utilization of human and natural resources;

(2) Long-range physical and fiscal plans for such action;

(3) Programming of capital improvements and other major ex-penditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program;

(4) Coordination of all related plans and activities of the State and local governments and agencies concerned; and

(5) Preparation of regulatory and administrative measures in support of the foregoing. (40 U.S.C. 535)