33 U.S.C. § 595 — Consideration of benefits in assessing compensation
submitted 108 years ago by ch. 155 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 132 words · no verdicts yet
When the United States takes only part of a property for a river, harbor, canal, or waterway improvement, the decision-maker must reduce compensation for the taken part or damage to the remainder by special, direct benefits the remainder receives from the improvement.
When the United States takes only part of private property for a public river, harbor, canal, or waterway improvement, the jury or other tribunal setting compensation or damages must consider special and direct benefits the remaining property receives from the improvement. Those benefits must reduce compensation for the part taken or injury to the part left, and the tribunal must issue its award or verdict accordingly.
In all cases where private property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly.
Source credit: (July 18, 1918, ch. 155, § 6, 40 Stat. 911.)
- 1918Enacted · Act of July 18, 1918, ch. 155 · 40 Stat. 911
A history note hasn’t been published yet. The record shows enactment by ch. 155 on 1918-07-18.
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