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16 U.S.C. § 816Preservation of rights vested prior to June 10, 1920

submitted 106 years ago by ch. 285 to r/title-16-CONSERVATION · 210 words · no verdicts yet

in plain englishAI-generated · not legal advice

This subchapter does not change permits, rights-of-way, claims, or authority granted before June 10, 1920. Holders may apply for a license, and the Commission must determine the fair value of an already-built project after notice and a chance to be heard.

Nothing in this subchapter should be read as affecting a permit or valid existing right-of-way granted before June 10, 1920, confirming or otherwise affecting a claim, or affecting authority previously given under law. A person, association, corporation, State, or municipality holding such a permit, right-of-way, or authority may apply for a license under this chapter. The Commission may issue one under this subchapter, and then this chapter applies to the applicant as a licensee. If the application concerns an already-built project, the project's fair value, determined as provided here, is treated for this subchapter and license as the applicant's allowed net investment on the license date, or on the determination date if no license has been issued. The Commission must determine fair value after notice and an opportunity for a hearing.
the actual law source: uscode.house.gov ↗public domain

The provisions of this subchapter shall not be construed as affecting any permit or valid existing right-of-way granted prior to June 10, 1920, or as confirming or otherwise affecting any claim, or as affecting any authority heretofore given pursuant to law, but any person, association, corporation, State, or municipality holding or possessing such permit, right-of-way or authority may apply for a license under this chapter, and upon such application the Commission may issue to any such applicant a license in accordance with the provisions of this subchapter and in such case the provisions of this chapter shall apply to such applicant as a licensee under this chapter: Provided, That when application is made for a license under this section for a project or projects already constructed the fair value of said project or projects determined as provided in this section, shall for the purposes of this subchapter and of said license be deemed to be the amount to be allowed as the net investment of the applicant in such project or projects as of the date of such license, or as of the date of such determination, if license has not been issued. Such fair value shall be determined by the Commission after notice and opportunity for hearing.

Source credit: (June 10, 1920, ch. 285, pt. I, § 23(a), 41 Stat. 1075; renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 210, 212, 49 Stat. 846, 847.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of June 10, 1920, ch. 285 · 41 Stat. 1075
  • 1935Amended · Act of Aug. 26, 1935, ch. 687 · 49 Stat. 846, 847

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

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