Title 33, Navigation and Navigable WatersRelease 119-102
§595 Consideration of Benefits in Assessing Compensation
Title 33 › CHAPTER 12 — RIVER AND HARBOR IMPROVEMENTS GENERALLY › SUBCHAPTER III — ACQUISITION OF LAND AND MATERIALS › § 595
Summary
When the United States takes only part of someone’s land for a river, harbor, canal, or waterway project, the jury or other decision-maker that sets the owner’s payment must lower what they pay by any special, direct benefits the project gives to the part of the property that remains. The award must reflect that reduction.
Full Legal Text
Title 33, §595
Navigation and Navigable Waters, Source: USLM XML via OLRC
In all cases where private 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, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section is from act July 18, 1918, popularly known as the “Rivers and Harbors Appropriation Act of 1918”.
Reference
Citations & Metadata
Citation
33 U.S.C. § 595
Title 33, Navigation and Navigable Waters
Last Updated
Aug 21, 2026
Release point: 119-102