PRIA Logo™
Title 43, Public LandsRelease 119-102

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

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER I — GENERAL PROVISIONS › § 389

Last updated Aug 21, 2026|Official source

Summary

The Secretary can buy or legally take land and do the work needed to move roads, rail lines, telephone or power lines, and other property when building, running, or caring for a project. The Secretary can also hire or make deals with owners to get the land or do the relocation work. To finish these moves, the Secretary can trade, give, or grant permanent rights to federal property, with or without buildings, and sign the papers needed without following the usual public‑land patent rules. The Secretary can also make contracts to trade or replace water, water rights, or electric power, or to adjust water rights when needed for the project and the United States.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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

Reference

Citations & Metadata

Citation

43 U.S.C. § 389

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102