33 U.S.C. § 558c — Rights-of-way over United States land
submitted 88 years ago by ch. 535 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 209 words · no verdicts yet
The Secretary of the Army may grant rights-of-way across United States land acquired for river, harbor, or flood-control improvements. The grants must serve the public interest, must not substantially harm the United States’ property interest, and may be canceled for specified reasons.
The Secretary of the Army may grant easements for rights-of-way for public roads and streets across land the United States acquired for river, harbor, or flood-control improvements. When needed, the grant may include permission to occupy enough land for bridge piers, abutments, and other bridge parts. The Secretary may set appropriate terms and conditions. A right-of-way may be granted only if the Secretary finds that it is in the public interest and will not substantially injure the United States’ interest in the affected property. The Secretary may cancel and forfeit all or part of a right-of-way if its terms or conditions are not followed, or if the granted rights are not used or are abandoned. This authority does not include land held or acquired by the Tennessee Valley Authority under the Tennessee Valley Authority Act.
The Secretary of the Army is authorized and empowered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way for public roads and streets on and across lands acquired by the United States for river and harbor and flood control improvements including, whenever necessary, the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of a bridge structure: Provided, That such rights-of-way shall be granted only upon a finding by the Secretary of the Army that the same will be in the public interest and will not substantially injure the interest of the United States in the property affected thereby: Provided further, That all or any part of such rights-of-way may be annulled and forfeited by the Secretary of the Army for failure to comply with the terms or conditions of any grant hereunder or for nonuse or for abandonment of rights granted under the authority hereof: Provided further, That the authority granted to the Secretary of the Army shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act [16 U.S.C. 831 et seq.].
Source credit: (June 20, 1938, ch. 535, § 10, 52 Stat. 808; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
- 1938Enacted · Act of June 20, 1938, ch. 535 · 52 Stat. 808
- 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. 535 on 1938-06-20.
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