§595a Compensation for Taking or Condemnation of Property for Public Improvements; Fair Market Value; Partial Taking; Effective Date

Summary

When the United States takes land for improving rivers, harbors, canals, or other waterways — including when it legally condemns land or easements — it must pay what the land would sell for on the open market. That market value must reflect all reasonable uses of the land, including its highest and best use, even if those uses depend on having access to the water. If only part of a property is taken, the government does not pay for any loss in value of the part left or for damage caused by reduced or lost access to the water because of the taking. These rules apply to property acquired after December 31, 1970, and to any condemnation cases pending on that date.