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2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 2409 Partition actions involving United States us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 161 UNITED STATES AS PARTY GENERALLY 2409 28 U.S.C. § 2409 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s2409 data/legal/raw/us/code/title-28/usc28.xml 45aacc4fd89fb29f92a185aa7ff497d5bbea528414ae4cc97260ce2166621bf2 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf a71dc9a91ba5b2c5ae7845f76f722f3fa2be975ef314d3113d795c72dc93ad72 2026-07-04 official
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28 U.S.C. § 2409 - Partition actions involving United States

Text

Any civil action by any tenant in common or joint tenant owning an undivided interest in lands, where the United States is one of such tenants in common or joint tenants, against the United States alone or against the United States and any other of such owners, shall proceed, and be determined, in the same manner as would a similar action between private persons. Whenever in such action the court orders a sale of the property or any part thereof the Attorney General may bid for the same in behalf of the United States. If the United States is the purchaser, the amount of the purchase money shall be paid from the Treasury upon a warrant drawn by the Secretary of the Treasury on the requisition of the Attorney General.

(June 25, 1948, ch. 646, 62 Stat. 972.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 766 (May 17, 1898, ch. 339, §§ 1, 2, 30 Stat. 416). Provisions relating to service or commencement of the action and duty of United States attorneys to appear, defend, and file answer were omitted as surplusage and covered by Rules 2, 3, and 4 of the Federal Rules of Civil Procedure and section 507 of this title. Words “shall proceed, and be determined, in the same manner as would a similar action between private persons” were substituted for “shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that control courts of equity, in partition proceedings between private persons,” in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.