33 U.S.C. § 597 — Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations
submitted 66 years ago by Pub. L. 86-645 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 276 words · no verdicts yet
This section requires the Corps of Engineers to give affected owners information about when project land may be acquired and to hold public meetings. It lists information the Chief of Engineers must require officials to provide.
Within 6 months after Congress authorizes a water-resource project under the Secretary of the Army, the Corps of Engineers must make a reasonable effort to tell owners and occupants in or next to the project area when it will probably acquire land, rights-of-way, relocations, and other requirements affecting them. Within a reasonable time after the first money is appropriated for land acquisition or construction, including relocations, the Corps must hold public meetings convenient for owners and tenants who will be displaced. The meetings must explain the acquisition plans and allow comments.
The Chief of Engineers must issue regulations requiring information about (1) appraisal factors; (2) the desire to buy without court proceedings; (3) the legal right to have condemnation proceedings; (4) moving payments and other losses not included in market value; (5) occupancy during construction; (6) removal of improvements; (7) payments required from occupants of government-acquired land; (8) owners’ withdrawals of money the Government deposited in court; and (9) an owner’s use of land when an easement is acquired. This section creates no United States liability, does not affect the validity of a purchase or condemnation, and is exempt from the listed title 5 procedures.
Within six months after the date that Congress authorizes construction of a water resource development project under the jurisdiction of the Secretary of the Army, the Corps of Engineers shall make reasonable effort to advise owners and occupants in and adjacent to the project area as to the probable timing for the acquisition of lands for the project and for incidental rights-of-way, relocations, and any other requirements affecting owners and occupants. Within a reasonable time after initial appropriations are made for land acquisition or construction, including relocations, the Corps of Engineers shall conduct public meetings at locations convenient to owners and tenants to be displaced by the project in order to advise them of the proposed plans for acquisition and to afford them an opportunity to comment. To carry out the provisions of this section, the Chief of Engineers shall issue regulations to provide, among other things, dissemination of the following information to those affected: (1) factors considered in making the appraisals; (2) desire to purchase property without going to court; (3) legal right to submit to condemnation proceedings; (4) payments for moving expenses or other losses not covered by appraised market value; (5) occupancy during construction; (6) removal of improvements; (7) payments required from occupants of Government acquired land; (8) withdrawals by owners of deposits made in court by Government, and (9) use of land by owner when easement is acquired. The provisions of this section shall not subject the United States to any liability nor affect the validity of any acquisitions by purchase or condemnation and shall be exempt from the operations of subchapter II of chapter 5, and chapter 7, of title 5.
Source credit: (Pub. L. 86–645, title III, § 302, July 14, 1960, 74 Stat. 502.)
- 1960Enacted · Pub. L. 86-645 · 74 Stat. 502
A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-645 on 1960-07-14.
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