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16 U.S.C. § 809Temporary use by Government of project works for national safety; compensation for use

submitted 106 years ago by ch. 285 to r/title-16-CONSERVATION · 218 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the President gives a written order that United States safety requires it, the United States may take and control a licensed project temporarily. It must later return the project and pay fair compensation calculated under this section.

If the President’s written order to a license holder says United States safety requires it, the United States may enter and take possession of all or part of the licensed project. It may use it to make nitrates, explosives, war munitions, or for another safety purpose, and keep possession and control as long as necessary. It must then restore possession and control to those entitled to them. It must pay fair compensation set by the Commission, based on reasonable peacetime profit and the cost of restoring the property to its condition when taken, minus the reasonable value of useful improvements made by the United States.
the actual law source: uscode.house.gov ↗public domain

When in the opinion of the President of the United States, evidenced by a written order addressed to the holder of any license under this chapter, the safety of the United States demands it, the United States shall have the right to enter upon and take possession of any project or part thereof, constructed, maintained, or operated under said license, for the purpose of manufacturing nitrates, explosives, or munitions of war, or for any other purpose involving the safety of the United States, to retain possession, management, and control thereof for such length of time as may appear to the President to be necessary to accomplish said purposes, and then to restore possession and control to the party or parties entitled thereto; and in the event that the United States shall exercise such right it shall pay to the party or parties entitled thereto just and fair compensation for the use of said property as may be fixed by the commission upon the basis of a reasonable profit in time of peace, and the cost of restoring said property to as good condition as existed at the time of the taking over thereof, less the reasonable value of any improvements that may be made thereto by the United States and which are valuable and serviceable to the licensee.

Source credit: (June 10, 1920, ch. 285, pt. I, § 16, 41 Stat. 1072; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of June 10, 1920, ch. 285 · 41 Stat. 1072
  • 1935Amended · Act of Aug. 26, 1935, ch. 687 · 49 Stat. 847

A history note hasn’t been published yet. The record shows enactment by ch. 285 on 1920-06-10.

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