PRIA Logo™
Take the PRIA Score
Title 16 — ConservationRelease 119-73

§809 Temporary use by Government of project works for national safety; compensation for use

Title 16 › Chapter CHAPTER 12— - FEDERAL REGULATION AND DEVELOPMENT OF POWER › Subchapter SUBCHAPTER I— - REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES › § 809

Last updated Apr 6, 2026|Official source

Summary

The President can send a written order to a license holder to have the United States take over any project or part of it that was built, kept, or run under that license if U.S. safety requires it. The government can use the project to make nitrates, explosives, munitions, or for other safety needs, keep control as long as needed, and then give control back to the person or people entitled to it. The United States must pay fair compensation set by the commission. That payment is based on a reasonable peacetime profit plus the cost to restore the property to its prior condition, minus the fair value of any useful improvements the United States made.

Full Legal Text

Title 16, §809

Conservation — Source: USLM XML via OLRC

When in the opinion of the President of the United States, evidenced by a written order addressed to the holder of any license under this chapter, the safety of the United States demands it, the United States shall have the right to enter upon and take possession of any project or part thereof, constructed, maintained, or operated under said license, for the purpose of manufacturing nitrates, explosives, or munitions of war, or for any other purpose involving the safety of the United States, to retain possession, management, and control thereof for such length of time as may appear to the President to be necessary to accomplish said purposes, and then to restore possession and control to the party or parties entitled thereto; and in the event that the United States shall exercise such right it shall pay to the party or parties entitled thereto just and fair compensation for the use of said property as may be fixed by the commission upon the basis of a reasonable profit in time of peace, and the cost of restoring said property to as good condition as existed at the time of the taking over thereof, less the reasonable value of any improvements that may be made thereto by the United States and which are valuable and serviceable to the licensee.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Termination of War and EmergenciesJoint Res.
July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of this section, the date
July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on
September 8, 1939, and
May 27, 1941.

Reference

Citations & Metadata

Citation

16 U.S.C. § 809

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73