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33 U.S.C. § 513Notice, hearings, and findings

submitted 86 years ago by ch. 409 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 190 words · no verdicts yet

in plain englishAI-generated · not legal advice

Requires the Secretary to notify interested parties and hold a hearing when a bridge unreasonably obstructs navigation. After the hearing, the Secretary must order needed bridge alterations if they are necessary to make navigation reasonably free, easy, and unobstructed while considering rail and highway traffic needs.

If, in the Secretary’s opinion, a bridge unreasonably obstructs navigation at any time, the Secretary must notify interested parties and hold a hearing. At the hearing, the bridge owner, people interested in water navigation under or through the bridge, people interested in railroad or highway traffic over the bridge, and any other party or parties in interest must all have a full opportunity to offer evidence and be heard about whether the bridge needs to be altered and, if so, what alterations are needed. The Secretary must give due regard to the need for free and unobstructed water navigation and to the needs of railroad or highway traffic. If, after the hearing, the Secretary decides that alterations are needed to make navigation through or under the bridge reasonably free, easy, and unobstructed, while also giving due regard to railroad or highway traffic needs over the bridge, the Secretary must make that finding. The Secretary must then issue an order, and cause it to be served on interested parties, requiring the bridge alterations the Secretary finds reasonably necessary for navigation.
the actual law source: uscode.house.gov ↗public domain

Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably obstruct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either railroad or highway traffic thereover, and any other party or parties in interest shall have full opportunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unobstructed water navigation and to the necessities of the rail or highway traffic. If, upon such hearing, the Secretary determines that any alterations of such bridge are necessary in order to render navigation through or under it reasonably free, easy, and unobstructed, having due regard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation.

Source credit: (June 21, 1940, ch. 409, § 3, 54 Stat. 498.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of June 21, 1940, ch. 409 · 54 Stat. 498

A history note hasn’t been published yet. The record shows enactment by ch. 409 on 1940-06-21.

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