33 U.S.C. § 702a–7 — Railroad and highway crossings over floodways
submitted 90 years ago by ch. 548 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 169 words · no verdicts yet
The United States must build specified railroad and highway crossings over three floodways, subject to agreements and conditions about operation and damage claims.
At its own cost, the United States must build one railroad crossing and one highway crossing over the Eudora Floodway; no more than three railway crossings and two highway crossings over the Morganza Floodway; and no more than one railway crossing, with suitable physical connections, and one highway crossing over the floodway west of the Atchafalaya River included in the modified project. This applies only if fair agreements can be made with the relevant railroad and highway authorities and the appropriate agencies agree to accept, maintain, and operate the crossings at no cost to the United States. The railroads crossing the Morganza and West Atchafalaya Floodways must also agree, in exchange for the crossings, to waive all claims against the Government for damage caused by overflows in those floodways. Other railway and highway damage must be handled under section 702a–10.
The United States shall construct, at its own cost, one railroad and one highway crossing over the Eudora Floodway and not to exceed three railway and two highway crossings over the Morganza Floodway, and not to exceed one railway crossing (together with suitable physical connections therewith) and one highway crossing over the floodway west of the Atchafalaya River provided for in the modified project: Provided, That equitable agreements can be made with the railroad and highway authorities concerned and that the appropriate railroad or highway agencies agree to accept and maintain and operate these crossings without cost to the United States: Provided further, That the railroads crossing the Morganza and West Atchafalaya Floodways agree in consideration for the crossings constructed to waive all claims against the Government for any damages that may occur by reason of overflows in the Morganza and West Atchafalaya Floodways: And provided further, That other railway and highway damages shall be adjusted as provided for in section 702a–10 of this title.
Source credit: (June 15, 1936, ch. 548, § 7, 49 Stat. 1510.)
- 1936Enacted · Act of June 15, 1936, ch. 548 · 49 Stat. 1510
A history note hasn’t been published yet. The record shows enactment by ch. 548 on 1936-06-15.
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