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33 U.S.C. § 500Deflection of current; liability to riparian owners

submitted 138 years ago by ch. 860 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 176 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a bridge pier redirects a river's current and damages nearby property, the Secretary of the Army must investigate. If the complaint is valid, the bridge owner must fix or prevent the damage. An owner who refuses can be sued for double the damages.

If someone complains to the Secretary of the Army that a bridge pier or abutment in navigable U.S. waters has redirected the water's current — causing riverbank collapse or other serious property damage or danger — the Secretary must look into it. If the Secretary finds the complaint is true, the Secretary must order the bridge's owners or operators to fix the damage or prevent the danger. The Secretary decides how it must be fixed and sets a deadline. If the owners or operators don't comply, they can be sued in any court with proper jurisdiction. The injured person can recover double the amount of the actual damage. This section does not affect any legal claims that already existed before August 11, 1888.
the actual law source: uscode.house.gov ↗public domain

Whenever complaint shall be made to the Secretary of the Army that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however, That nothing herein contained shall be construed so as to affect any rights of action which may have existed prior to August 11, 1888.

Source credit: (Aug. 11, 1888, ch. 860, § 2, 25 Stat. 423; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat 501.)

history & why it existsrecord from the source credit
  • 1888Enacted · Act of Aug. 11, 1888, ch. 860 · 25 Stat. 423
  • 1947Amended · Act of July 26, 1947, ch. 343

A history note hasn’t been published yet. The record shows enactment by ch. 860 on 1888-08-11.

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