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hu <br />MEMORANDUM <br />January 28, 1988 <br />RCB <br />CAB <br />Post Office Power of Eminent Domain <br />Our File No. 1011-19 <br />---------- <br />I. POWER OF EMINENT DOMAIN. <br />The basic postal power is set forth in Article 1, Section 8, <br />Clause 7 of the Constitution. To effectuate the postal power, <br />congress has conferred the power of eminent domain on the Post <br />Office. This statutory grant of power is contained in 39 <br />U.S.C.A. Section 401(9) which reads: <br />The Post Office shall have the following powers. to <br />exercise in the name of the United States the right of <br />eminent domain for the furtherance of its official pur- <br />poses;. <br />Title 39 also specifically incorporates the general statu- <br />tory provisions relating to eminent domain. 39 U.S.C. Section <br />402(b) states the following provisions shall apply to the postal <br />service: <br />(4) the following provisions of Title 40: <br />(A) Sections 258(a) - 258(e) (relating to <br />condemnation procedures); <br />40 U.S.C. 258(a) - 258(e) set forth the outline of the procedural <br />requirements to be followed in federal exercise of the power of <br />eminent domain. Copies of all these statutes are attached. <br />