33 U.S.C. § 702d — Flowage rights; condemnation proceedings; benefits to property
submitted 98 years ago by ch. 569 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 311 words · no verdicts yet
The United States must obtain flowage rights for additional destructive flood waters caused by diversions. The section authorizes condemnation, purchase, and donations of needed property and requires acquired land to be transferred to States or local interests without cost.
The United States must provide flowage rights for additional destructive flood waters that will pass because water is diverted from the Mississippi’s main channel. If carrying out this flood-control plan benefits property, those benefits must reduce the compensation paid. The Secretary of the Army may start condemnation proceedings for land, easements, or rights-of-way that the Secretary and Chief of Engineers believe are needed for the project. The proceedings must be filed in the United States district court for the district where the property is located. The practices, pleadings, forms, and procedures must follow, as closely as possible, those used at that time in similar cases in the State courts of record in that State, even if the district court has a contrary rule. If an owner sets a price that the Secretary considers reasonable, the Secretary may buy the property at that price. The Secretary may also accept donated land, easements, and rights-of-way needed for the project. Sections 594 and 595 apply to acquiring property for flood-control works. Any land acquired under this section must be transferred, at no cost, to the ownership of States or local interests.
The United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main channel of the Mississippi River: Provided, That in all cases where the execution of the flood control plan herein adopted results in benefits to property such benefits shall be taken into consideration by way of reducing the amount of compensation to be paid.
The Secretary of the Army may cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of the Army and the Chief of Engineers, are needed in carrying out this project, the said proceedings to be instituted in the United States district court for the district in which the land, easement, or right of way is located. In all such proceedings the practice, pleadings, forms, and modes of proceedings shall conform as near as may be to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such district court is held, any rule of the court to the contrary notwithstanding. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the Secretary of the Army is reasonable, he may purchase the same at such price; and the Secretary of the Army is also authorized to accept donations of lands, easements, and rights of way required for this project. The provisions of sections 594 and 595 of this title are made applicable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided, That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests.
Source credit: (May 15, 1928, ch. 569, § 4, 45 Stat. 536; Nov. 30, 1945, ch. 496, 59 Stat. 587; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
- 1928Enacted · Act of May 15, 1928, ch. 569 · 45 Stat. 536
- 1945Amended · Act of Nov. 30, 1945, ch. 496 · 59 Stat. 587
- 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. 569 on 1928-05-15.
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