33 U.S.C. § 593: Condemnation of land in aid…

Summary

If a State or a state-created public agency (for example, a reclamation, flood-control, or drainage district) needs land or an easement for a river or harbor project approved by Congress and cannot buy it and get clear title, the Secretary of the Army may start legal proceedings in the name of the United States to condemn the property. The Attorney General must handle those proceedings when the Secretary asks. The State or agency must pay all costs and any award, and the Secretary can require a bond to guarantee payment before the case begins.

Title 33, §593

Navigation and Navigable Waters, Source: USLM XML via OLRC

Whenever any State, or any reclamation, flood control or drainage district, or other public agency created by any State, shall undertake to secure any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of the Army may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of the Army: Provided, That all expenses of said proceedings and any award that may be made thereunder shall be paid by such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to secure which payment the Secretary of the Army may require such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is from act Aug. 8, 1917, popularly known as the “Rivers and Harbors Appropriation Act of 1917”.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act

July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act

July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§593 Condemnation of Land in Aid of State or State Agency