33 U.S.C. § 454 — Consent of Congress to obstruction of waters by New York City
submitted 116 years ago by ch. 436 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 284 words · no verdicts yet
Congress lets New York City block certain local waterways with the state's permission. The city must first get the Army Secretary and Chief of Engineers to approve the plans. The city stays responsible for any private property damage caused.
The consent of Congress is given to the city of New York, in the State of New York, to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or over the same when the said city shall be lawfully authorized to do so by the State of New York: Provided, however, That any such obstruction shall be unlawful unless the location and plans for the proposed work or works before the commencement thereof shall have been filed with and approved by the Secretary of the Army and Chief of Engineers; and when the plans for any such obstruction have been approved by the Chief of Engineers and by the Secretary of the Army it shall not be lawful to deviate from such plans either before or after the completion of such obstruction, unless the modification of such plans has previously been submitted to and received the approval of the Chief of Engineers and the Secretary of the Army: And provided further, That the city of New York shall be liable for any damage that may be inflicted upon private property by reason of any of the provisions of this section.
The right to alter, amend, or repeal this section is expressly reserved, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions.
Source credit: (June 25, 1910, ch. 436, §§ 1, 2, 36 Stat. 866, 867; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
- 1910Enacted · Act of June 25, 1910, ch. 436 · 36 Stat. 866, 867
- 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. 436 on 1910-06-25.
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