§814 — Title 16 Conservation | U.S. Code

Summary

A licensee (someone holding a permit to build or run a dam or related work) may take land or the right to use or damage land if it cannot get it by agreement and the Federal Energy Regulatory Commission decides the project is needed for improving waterways used in interstate or foreign commerce. The licensee can go to the U.S. district court where the land is, or to state court. Federal courts must follow state court procedure as closely as possible, and U.S. district courts only handle the case if the owner’s claim is more than $3,000. A licensee cannot use this power to take lands that, before October 24, 1992, were owned by a State or local government and were part of a public park, recreation area, or wildlife refuge. If the land became a park, recreation area, or wildlife refuge on or after October 24, 1992, the licensee may only take it after a public hearing in the affected community and after the Commission, after hearing public views and the owner’s recommendations, finds that the license will not interfere with the land’s purpose.

Title 16, §814

Conservation — Source: USLM XML via OLRC

When any licensee cannot acquire by contract or pledges an unimproved dam site or the right to use or damage the lands or property of others necessary to the construction, maintenance, or operation of any dam, reservoir, diversion structure, or the works appurtenant or accessory thereto, in conjunction with any improvement which in the judgment of the commission is desirable and justified in the public interest for the purpose of improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such land or other property may be located, or in the State courts. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated: Provided, That United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000 11 So in original. Probably should be followed by a colon. Provided further, That no licensee may use the right of eminent domain under this section to acquire any lands or other property that, prior to October 24, 1992, were owned by a State or political subdivision thereof and were part of or included within any public park, recreation area or wildlife refuge established under State or local law. In the case of lands or other property that are owned by a State or political subdivision and are part of or included within a public park, recreation area or wildlife refuge established under State or local law on or after October 24, 1992, no licensee may use the right of eminent domain under this section to acquire such lands or property unless there has been a public hearing held in the affected community and a finding by the Commission, after due consideration of expressed public views and the recommendations of the State or political subdivision that owns the lands or property, that the license will not interfere or be inconsistent with the purposes for which such lands or property are owned.

Editorial Notes

Amendments

1992—Pub. L. 102–486 substituted final proviso and sentence for period at end.

§814 Exercise by Licensee of Power of Eminent Domain

Summary

Title 16, §814

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata