Lease non-excess defense property for cash or in-kind consideration
Outlease temporarily unneeded, non-excess property; accept improvements, new facilities, utilities and industrial-equipment contributions as consideration.
Property & leases
IND-29 / Property, construction and housing
Buy, accept, exchange or condemn land for authorized military purposes
Acquire interests needed for authorized military projects; §2663 adds defined-purpose condemnation, limited low-cost/urgent acquisitions, surveys, and advance purchase options.
At a glance
Mission goalImprove facilities and energy
Possible toolIND-29 · Property & leases
Legal basis10 U.S.C. § 2663
Responsible rolesPlanning · funds · approval · execution
Authority holder: Secretary of military department
Property & leasesCooperation & exchanges
Mechanism tags describe the source text; they do not expand the authority.
Availability and verification
Conditional legal pathway; current funding, required determinations, and actual delegation not certified.
Requirements and limits
Eligibility & prerequisites
- Authorized military purpose or specific low-cost/urgent statutory route
- Appraisal, title, notice and acquisition findings
- Condemnation alternatives/negotiation and 21-day notice, unless vital-security exception
Limits & exclusions
- No general power to speculate in real estate
- Scope/price thresholds and anti-parcel-splitting rules apply
- Just compensation and court process for condemnation
Funding conditions
- Applicable MILCON/O&M only where section authorizes; options capped at 12% of appraised value.
Who contributes what
Need & planning
- Installation commander and Service facilities/real-estate staff
- Service installation secretariat / ASD(EI&E) policy
Resources
- Military Department installation budgets / project sponsor
Approval
- Secretary concerned or properly delegated real-estate/construction official
Execution
- USACE district real-estate/construction offices
- NAVFAC real-estate and facilities engineering commands
- AFCEC installations/facility engineering directorates
Partners & review
- Landowners / developers / local governments
- Environmental regulators and real-estate counsel
Office links are editorial matches to the original role text, not verified delegations. Composite labels and unmatched actors are preserved.
Coordination pathway
Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.
Legal basis
What this research establishes
Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedThe record states funding rules and conditions; no program amount is attributed to this action.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementRole recordedRecorded executing role: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates. Use the responsible program’s process.
Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.
Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.
Review scope: Original research target October 2, 2026; no record-specific last-review date supplied. Publication is not legal-currentness certification.