§389 — Title 43 Public Lands | U.S. Code

Summary

Lets the Secretary buy or, if needed, take land by legal process so roads, rail lines, and utility lines (like phone, telegraph, or power lines) can be moved when a project’s building or operation requires it. The Secretary can do the moving work, or hire the property owners to get the needed land or do the work. To finish the moves, the Secretary may trade, give, or grant permanent use rights to government land or improvements and sign the papers without following the usual public‑land patent rules. Also lets the Secretary make deals to trade or replace water, water rights, or electric energy, or to adjust water rights, when that is needed for orderly and economical project construction or operation.

Title 43, §389

Public Lands — Source: USLM XML via OLRC

The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands. The Secretary is further authorized, for the purpose of orderly and economical construction or operation and maintenance of any project, to enter into such contracts for exchange or replacement of water, water rights, or electric energy or for the adjustment of water rights, as in his judgment are necessary and in the interests of the United States and the project.

Statutory Notes and Related Subsidiaries

Definitions The definitions in section 485a of this title apply to this section.

§389 Relocation of Highways, Railroads, Transmission Lines, Etc., Exchange of Water, Water Rights or Electric Energy

Summary

Title 43, §389

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata