33 U.S.C. § 701c–1: Acquirement of titles for…

Summary

The United States must get ownership of all land, easements, and rights to use land needed for any dam, reservoir, or channel flood-control project authorized by the listed laws. The usual rules in section 701c(a)–(c) do not apply. The Secretary of the Army is required to acquire the land in the name of the United States using money already provided or that will be provided for these projects. States, counties, and other local agencies that already bought land or rights for these projects will be paid back from those project funds for actual costs the Army and Chief of Engineers find reasonable. No payments will be made for indirect or speculative damages. “Lands, easements, and rights-of-way” cover land for dams and reservoirs, flowage rights, and moved roads, railways, or utilities. For purchases from the Los Angeles County Flood Control District or the Muskingum Watershed Conservancy District, the Attorney General may rely on the district’s title certificate plus a signed promise from the district to protect the United States against any title defects and related costs.

Title 33, §701c–1

Navigation and Navigable Waters, Source: USLM XML via OLRC

In case of any dam and reservoir project, or channel improvement or channel rectification project for flood control, herein authorized or heretofore authorized by the Act of June 22, 1936, as amended, and section 642a, 702a, 702a–1, 702a–2 to 702d, 702e to 702h, 702i to 702m, and 704 of this title, title to all lands, easements, and rights-of-way for such project shall be acquired by the United States or by States, political subdivisions thereof or other responsible local agencies and conveyed to the United States, and provisions of clauses (a), (b), and (c) of section 701c of this title shall not apply thereto. Notwithstanding any restrictions, limitations, or requirement of prior consent provided by any other Act, the Secretary of the Army is authorized and directed to acquire in the name of the United States title to all lands, easements, and rights-of-way necessary for any dam and reservoir project or channel improvement or channel rectification project for flood control, with funds heretofore or hereafter appropriated or made available for such projects, and States, political subdivisions thereof, or other responsible local agencies, shall be granted and reimbursed, from such funds, sums equivalent to actual expenditures deemed reasonable by the Secretary of the Army and the Chief of Engineers and made by them in acquiring lands, easements, and rights-of-way for any dam and reservoir project, or any channel improvement or channel rectification project for flood control heretofore or herein authorized: Provided, That no reimbursement shall be made for any indirect or speculative damages: Provided further, That lands, easements, and rights-of-way shall include lands on which dams, reservoirs, channel improvements, and channel rectifications are located; lands or flowage rights in reservoirs and highway, railway, and utility relocation: Provided further, That in all cases of the acquisition hereunder by the United States from the Los Angeles County Flood Control District or the Muskingum Watershed Conservancy District of lands, easements, or rights-of-way, wherein the written opinion of the Attorney General in favor of the validity of the title to such lands, easements, or rights-of-way is or may be required or authorized by law, the Attorney General may, in his discretion, base such opinion upon a certificate of title of the district from which said lands, easements, or rights-of-way are to be acquired accompanied by an agreement, duly executed by the district in conformity with the constitutions and laws of the State where the district in question is situated to indemnify the United States against all claims, liabilities, loss, expenses, and attorneys’ fees of whatsoever kind or nature, resulting from or arising out of any defect or defects whatsoever in the title to any such lands, easements, or rights-of-way so conveyed to the United States, including all just compensation, costs, and expenses which may be incurred in any condemnation proceeding deemed necessary and instituted by the United States in order to perfect title to any such lands, easements, or rights-of-way.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Herein, referred to in text, means act

June 28, 1938, ch. 795, 75 Stat. 1215, popularly known as the Flood Control Act of

June 28, 1938, which to the extent classified to the Code enacted section 701b, 701b–1, 701b–2, 701c–1, 701f–1, 701i, 701j, 702a–1½, 702a–11, and 706 of this title. For complete classification of this Act to the Code, see Tables. Act of

June 22, 1936, referred to in text, is act

June 22, 1936, ch. 688, 49 Stat. 1570, popularly known as the Flood Control Act of

June 22, 1936, which to the extent classified to the Code enacted section 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. Codification Section comprises last paragraph of section 2 of act

June 28, 1938. First paragraph of such section 2 is referred to in an Application of Section note under section 701c of this title.

Amendments

1939—Act Aug. 11, 1939, inserted last proviso.

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.

§701c–1 Acquirement of Titles for Certain Projects and to Lands, Easements, Rights-of-way; Reimbursement of Local Agencies