[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2409]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2409. Partition actions involving United States
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.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 766 (May 17, 1898, ch.
339, Secs. 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
