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33 U.S.C. § 594When immediate possession of land may be taken

submitted 108 years ago by ch. 155 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 234 words · no verdicts yet

in plain englishAI-generated · not legal advice

When the United States files a condemnation petition for land needed for a federally authorized river or harbor project, it may immediately take the interest it seeks and begin the authorized work if adequate security has been provided for just compensation. The court may change the security, and the United States must pursue the case diligently.

When the Secretary of the Army causes the United States to file condemnation proceedings for land, easements, or rights-of-way needed for a congressionally authorized river or harbor improvement, the United States may, after filing the petition, immediately take the interest sought and carry out the authorized work. This requires adequate provision for just compensation through a United States appropriation or a money or other security deposit approved by the court. A respondent may ask at any time to increase or change the amount or security. The court must issue a just order that adequately protects respondents. The United States must diligently pursue every case so compensation is promptly determined and paid.
the actual law source: uscode.house.gov ↗public domain

Whenever the Secretary of the Army, in pursuance of authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights of way needed for a work of river and harbor improvements duly authorized by Congress, the United States, upon the filing of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights-of-way, to the extent of the interest to be acquired, and proceed with such public works thereon as have been authorized by Congress: Provided, That certain and adequate provision shall have been made for the payment of just compensation to the party or parties entitled thereto, either by previous appropriation by the United States or by the deposit of moneys or other form of security in such amount and form as shall be approved by the court in which such proceedings shall be instituted. The respondent or respondents may move at any time in the court to increase or change the amounts or securities, and the court shall make such order as shall be just in the premises and as shall adequately protect the respondents. In every case the proceedings in condemnation shall be diligently prosecuted on the part of the United States in order that such compensation may be promptly ascertained and paid.

Source credit: (July 18, 1918, ch. 155, § 5, 40 Stat. 911; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1918Enacted · Act of July 18, 1918, ch. 155 · 40 Stat. 911
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 155 on 1918-07-18.

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