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43 U.S.C. § 389Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy

submitted 87 years ago by ch. 418 to r/title-43-PUBLIC-LANDS · 289 words · no verdicts yet

in plain englishAI-generated · not legal advice

For any project, the Secretary can buy or condemn land needed to relocate highways, railroads, or power lines. The Secretary can also trade government property or grant easements to complete these relocations. The Secretary can trade water, water rights, or electric energy when it serves the project's interests.

In connection with building, operating, or maintaining any project, the Secretary is authorized to: (a) purchase or condemn land or interests in land needed to relocate highways, roads, railroads, telegraph, telephone, or power lines, or any other property — whenever the Secretary decides the project's construction or operation requires it — and to do the relocation work itself, whether on land the government already owns for the project or on land not owned by the government; (b) contract with property owners so they handle the acquisition or the relocation work themselves; and (c) to finish these relocations, trade or exchange government property acquired or improved under (a) — with or without improvements — or other government property tied to the project, or grant permanent easements over it. These grants or trades happen through documents the Secretary signs, without following the usual public-land patenting rules. The Secretary can also, to keep construction or operation efficient and economical, contract to exchange or replace water, water rights, or electric energy, or to adjust water rights, whenever the Secretary judges it necessary and in the government's and the project's interest.
the actual law source: uscode.house.gov ↗public domain

The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands.

The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or replacement of water, water rights, or electric energy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project.

Source credit: (Aug. 4, 1939, ch. 418, § 14, 53 Stat. 1197.)

history & why it existsrecord from the source credit
  • 1939Enacted · Act of Aug. 4, 1939, ch. 418 · 53 Stat. 1197

A history note hasn’t been published yet. The record shows enactment by ch. 418 on 1939-08-04.

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