# § 2824. Authorization for acquisition of existing family housing in lieu of construction
**(a)** In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Secretary concerned may acquire less than sole interest in existing family housing units.
**(b)** When authority provided by law to construct military family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land.
**(c)** The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of this title. The Secretary concerned may waive the limitation set forth in the preceding sentence to family housing units acquired under this section during the five-year period beginning on February 10, 1996.
**(d)** Family housing units may not be acquired under this section through the exercise of eminent domain authority.
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**Source Credit**: (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 159; amended Pub. L. 104–106, div. B, title XXVIII, § 2813, Feb. 10, 1996, 110 Stat. 553; Pub. L. 104–201, div. A, title X, § 1074(a)(17), Sept. 23, 1996, 110 Stat. 2659.)
## Editorial Notes
### Amendments
1996—Subsec. (c). substituted “” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996”.
inserted at end “The Secretary concerned may waive the limitation set forth in the preceding sentence to family housing units acquired under this section during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996.”
## Statutory Notes and Related Subsidiaries
### Effective Date
For effective date and applicability of section, see , set out as a note under .