§702d — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The United States must provide rights to let extra, destructive floodwaters flow over land when those waters come from diverting the Mississippi River. If the flood control work makes a property more valuable, that benefit must be counted to lower the payment the government owes for taking land. When the Secretary of the Army and the Chief of Engineers decide land, easements, or rights of way are needed, the Secretary can use federal court to acquire them. Court steps should follow the state court practice as much as possible. If an owner names a fair price, the Secretary may buy at that price or accept donations. Sections 594 and 595 of this title apply, and any land taken must be turned over free to state or local owners.

Title 33, §702d

Navigation and Navigable Waters — Source: USLM XML via OLRC

The United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main channel of the Mississippi River: Provided, That in all cases where the execution of the flood control plan herein adopted results in benefits to property such benefits shall be taken into consideration by way of reducing the amount of compensation to be paid. The Secretary of the Army may cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of the Army and the Chief of Engineers, are needed in carrying out this project, the said proceedings to be instituted in the United States district court for the district in which the land, easement, or right of way is located. In all such proceedings the practice, pleadings, forms, and modes of proceedings shall conform as near as may be to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such district court is held, any rule of the court to the contrary notwithstanding. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the Secretary of the Army is reasonable, he may purchase the same at such price; and the Secretary of the Army is also authorized to accept donations of lands, easements, and rights of way required for this project. The provisions of section 594 and 595 of this title are made applicable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided, That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1945—Act Nov. 30, 1945, substituted second sentence of second par. for a sentence which read “In all such proceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, shall appoint three commissioners, whose award, when confirmed by the court, shall be final.”

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.

§702d Flowage Rights; Condemnation Proceedings; Benefits to Property