33 U.S.C. § 591 — Condemnation, purchase, and donation of land and materials
submitted 138 years ago by ch. 194 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 160 words · no verdicts yet
The Army Secretary may use condemnation proceedings to obtain land, rights-of-way, or materials needed for legally authorized river and harbor works. The Secretary may instead buy at a reasonable owner-set price or accept donated land or materials.
The Secretary of the Army may start proceedings in the United States' name in any court with jurisdiction to condemn land, rights-of-way, or materials needed to maintain, operate, or carry out legally authorized river and harbor improvement works. The proceedings must follow the law governing condemnation suits in the State where they are brought.
If the owner sets a price that the Army Secretary considers reasonable, the Secretary may buy the land, right-of-way, or material at that price without further delay. The Secretary may also accept donated land or materials needed to maintain or carry out the works.
The Secretary of the Army may cause proceedings to be instituted, in the name of the United States, in any court having jurisdiction of such proceedings, for the acquirement by condemnation of any land, right-of-way, or material needed to enable him to maintain, operate, or prosecute works for the improvement of rivers and harbors for which provision has been made by law; such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: Provided, however, That when the owner of such land, right-of-way, or material shall fix a price for the same, which in the opinion of the Secretary of the Army, shall be reasonable, he may purchase the same at such price without further delay: And provided further, That the Secretary of the Army is authorized to accept donations of lands or materials required for the maintenance or prosecution of such works.
Source credit: (Apr. 24, 1888, ch. 194, 25 Stat. 94; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
- 1888Enacted · Act of Apr. 24, 1888, ch. 194 · 25 Stat. 94
- 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. 194 on 1888-04-24.
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