Title 33 — Navigation and Navigable WatersRelease 119-73

§595a Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date

Title 33 › Chapter CHAPTER 12— - RIVER AND HARBOR IMPROVEMENTS GENERALLY › Subchapter SUBCHAPTER III— - ACQUISITION OF LAND AND MATERIALS › § 595a

Last updated Apr 6, 2026|Official source

Summary

When the United States takes land above the normal high water mark of navigable waters to improve rivers, harbors, canals, or waterways, it must pay the fair market value. The price is based on all reasonable uses of the land, including its best possible use, even if that use depends on access to those waters. If only part of a property is taken, the government will not recognize any loss in value of the remaining land and will not pay for damage caused by losing or having less access to the water because of the taking or its purpose. These rules apply to property acquired after December 31, 1970, and to condemnation cases pending on that date.

Full Legal Text

Title 33, §595a

Navigation and Navigable Waters — Source: USLM XML via OLRC

In all cases where real property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, the compensation to be paid for real property taken by the United States above the normal high water mark of navigable waters of the United States shall be the fair market value of such real property based upon all uses to which such real property may reasonably be put, including its highest and best use, any of which uses may be dependent upon access to or utilization of such navigable waters. In cases of partial takings of real property, no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which result from loss of or reduction of access from such remaining real property to such navigable waters because of the taking of real property or the purposes for which such real property is taken. The compensation defined herein shall apply to all acquisitions of real property after December 31, 1970, and to the determination of just compensation in any condemnation suit pending on December 31, 1970.

Reference

Citations & Metadata

Citation

33 U.S.C. § 595a

Title 33 — Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73