Title 16, ConservationRelease 119-102
§831s Possession by Government in Time of War; Damages to Contract Holders
Title 16 › CHAPTER 12A — TENNESSEE VALLEY AUTHORITY › § 831s
Summary
In war or when Congress declares a national emergency, the U.S. can take all or part of property to make explosives or for other war uses. If that breaks a contract to buy electric power, nitrogen/fertilizer, it must pay damages decided by the U.S. Court of Federal Claims.
Full Legal Text
Title 16, §831s
Conservation, Source: USLM XML via OLRC
The Government of the United States reserves the right, in case of war or national emergency declared by Congress, to take possession of all or any part of the property described or referred to in this chapter for the purpose of manufacturing explosives or for other war purposes; but, if this right is exercised by the Government, it shall pay the reasonable and fair damages that may be suffered by any party whose contract for the purchase of electric power or fixed nitrogen or fertilizer ingredients is violated, after the amount of the damages has been fixed by the United States Court of Federal Claims in proceedings instituted and conducted for that purpose under rules prescribed by the court.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date
of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. 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. § 831s
Title 16, Conservation
Last Updated
Aug 21, 2026
Release point: 119-102