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33 U.S.C. § 595aCompensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date

submitted 56 years ago by Pub. L. 91-611 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 224 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets how the United States must calculate payment when it takes real property for certain water projects. It also limits payment for loss of access caused by a partial taking.

When the United States takes real property above the normal high-water mark of navigable United States waters for a river, harbor, canal, or waterway improvement, or condemns land or an easement for one of those improvements, it must pay the property’s fair market value. The value must consider every reasonable use, including the property’s highest and best use. This includes uses that depend on access to or use of the navigable water. If only part of the property is taken, the remaining property is not treated as having lost value. The United States does not pay for damage to the remaining property caused by losing or reducing its access to the navigable water because of the taking or its purpose. These rules apply to property acquired after December 31, 1970, and to deciding fair compensation in condemnation cases pending on that date.
the actual law source: uscode.house.gov ↗public domain

In all cases where real 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, the compensation to be paid for real property taken by the United States above the normal high water mark of navigable waters of the United States shall be the fair market value of such real property based upon all uses to which such real property may reasonably be put, including its highest and best use, any of which uses may be dependent upon access to or utilization of such navigable waters. In cases of partial takings of real property, no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which result from loss of or reduction of access from such remaining real property to such navigable waters because of the taking of real property or the purposes for which such real property is taken. The compensation defined herein shall apply to all acquisitions of real property after December 31, 1970, and to the determination of just compensation in any condemnation suit pending on December 31, 1970.

Source credit: (Pub. L. 91–611, title I, § 111, Dec. 31, 1970, 84 Stat. 1821.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-611 · 84 Stat. 1821

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-611 on 1970-12-31.

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