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33 U.S.C. § 593Condemnation of land in aid of State or State agency

submitted 109 years ago by ch. 49 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 215 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a State or a public district or agency cannot buy land or an easement needed for a federally authorized river or harbor project, the Secretary of the Army may have the United States condemn it. The State or public entity must pay all costs and awards and may have to post a bond.

When a State, reclamation district, flood-control district, drainage district, or other public agency created by a State tries to obtain land or an easement needed for a river or harbor improvement authorized by Congress, so it can give the land to the United States without charge, but cannot obtain valid title by purchase, the Secretary of the Army may have the United States begin condemnation proceedings in its name. At the Secretary’s request, the Attorney General must begin and conduct them. The State or public entity must pay all expenses and any award, and the Secretary may require a proper bond before proceedings begin.
the actual law source: uscode.house.gov ↗public domain

Whenever any State, or any reclamation, flood control or drainage district, or other public agency created by any State, shall undertake to secure any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of the Army may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of the Army: Provided, That all expenses of said proceedings and any award that may be made thereunder shall be paid by such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to secure which payment the Secretary of the Army may require such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced.

Source credit: (Aug. 8, 1917, ch. 49, § 9, 40 Stat. 267; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1917Enacted · Act of Aug. 8, 1917, ch. 49 · 40 Stat. 267
  • 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. 49 on 1917-08-08.

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