Understanding Nonexcess Property: Legal Implications and Definitions
Definition & meaning
Nonexcess property refers to land or facilities that are necessary for the Army's mission but are proposed for sale. The funds generated from the sale of this property are typically used to acquire replacement land or facilities that better serve military needs.
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This term is primarily used in military and property law, particularly concerning federal regulations governing military property management. Nonexcess property is relevant in contexts involving federal real estate transactions, asset management, and national defense planning. Users may find templates and forms related to property leasing and acquisition through US Legal Forms, which can help them navigate these legal processes.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
For instance, if a military base has excess land that is no longer needed for operations, the Army may decide to sell that land. The proceeds from this sale could then be used to purchase a new facility that better meets current operational needs. (hypothetical example)
Relevant Laws & Statutes
The primary statute governing nonexcess property is found in the United States Code, Title 10, Section 2667, which allows the Secretary of a military department to lease property under their control for public interest or national defense purposes.
Comparison with Related Terms
Term
Definition
Key Differences
Excess Property
Property no longer needed for military operations.
Nonexcess property is still required for military use.
Surplus Property
Property that is no longer needed by the federal government.
Nonexcess property is actively used for military purposes.
Common Misunderstandings
What to Do If This Term Applies to You
If you are involved in the management or acquisition of military property, ensure you understand the implications of nonexcess property status. Consider consulting with a legal professional for guidance tailored to your situation. You can also explore US Legal Forms for templates that can assist you in the leasing or acquisition process.
Quick Facts
Typical Fees: Varies based on property value and location.
Jurisdiction: Federal military property regulations.
Possible Penalties: Legal repercussions for improper sale or lease of nonexcess property.
Key Takeaways
FAQs
Nonexcess property is land or facilities required for military operations that are proposed for sale to fund replacements.
Yes, the Secretary of a military department may lease nonexcess property when it serves the public interest or national defense.
The proceeds are typically used to acquire replacement land or facilities needed for military operations.