§597 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Within six months after Congress approves building a water project under the Secretary of the Army, the Corps of Engineers must try to tell landowners and people who live nearby when their land, rights-of-way, relocations, or other needs will probably be acquired. After money is first provided for buying land or starting construction (including relocations), the Corps must hold public meetings near affected people to explain plans and take comments. The Chief of Engineers must make rules to give affected people information on nine topics, including how appraisals are done; the preference to buy without going to court; the right to use court condemnation; moving or other payments beyond market value; occupancy during construction; removal of improvements; payments required from occupants; withdrawing deposits in court by owners; and owner use when only an easement is taken. These rules do not make the United States liable, do not change the validity of purchases or condemnations, and are exempt from subchapter II of chapter 5 and chapter 7 of title 5.

Title 33, §597

Navigation and Navigable Waters — Source: USLM XML via OLRC

Within six months after the date that Congress authorizes construction of a water resource development project under the jurisdiction of the Secretary of the Army, the Corps of Engineers shall make reasonable effort to advise owners and occupants in and adjacent to the project area as to the probable timing for the acquisition of lands for the project and for incidental rights-of-way, relocations, and any other requirements affecting owners and occupants. Within a reasonable time after initial appropriations are made for land acquisition or construction, including relocations, the Corps of Engineers shall conduct public meetings at locations convenient to owners and tenants to be displaced by the project in order to advise them of the proposed plans for acquisition and to afford them an opportunity to comment. To carry out the provisions of this section, the Chief of Engineers shall issue regulations to provide, among other things, dissemination of the following information to those affected: (1) factors considered in making the appraisals; (2) desire to purchase property without going to court; (3) legal right to submit to condemnation proceedings; (4) payments for moving expenses or other losses not covered by appraised market value; (5) occupancy during construction; (6) removal of improvements; (7) payments required from occupants of Government acquired land; (8) withdrawals by owners of deposits made in court by Government, and (9) use of land by owner when easement is acquired. The provisions of this section shall not subject the United States to any liability nor affect the validity of any acquisitions by purchase or condemnation and shall be exempt from the operations of subchapter II of chapter 5, and chapter 7, of title 5.

Notes & Related Subsidiaries

Editorial Notes

Codification “Subchapter II of chapter 5, and chapter 7, of title 5” substituted in text for “the Administrative Procedure Act of June 11, 1946, as amended” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 86–645, title III, § 303, July 14, 1960, 74 Stat. 503, provided that: “Title III of this Act [enacting this section and section 596 of this title] may be cited as the ‘Land Acquisition Policy Act of 1960’.”

§597 Acquisition of Lands for Water Resource Development Projects; Information as to Probable Timing for Acquisition; Public Meetings; Regulations