43 U.S.C. § 945a: Compensation for…

Summary

The Secretary of the Interior must pay fair compensation, including severance damages, to owners of private land used for ditches or canals in reclamation projects begun after January 1, 1961. Despite prior agreements, condemnations, right‑of‑way reservations, or State laws before September 2, 1964, payment is still required.

Title 43, §945a

Public Lands, Source: USLM XML via OLRC

Notwithstanding the existence of any reservation of right-of-way to the United States for canals under section 945 of this title, or any State statute, the Secretary of the Interior shall pay just compensation, including severance damages, to the owners of private land utilized for ditches or canals in connection with any reclamation project, or any unit or any division of a reclamation project, provided the construction of said ditches or canals commenced after January 1, 1961, and such compensation shall be paid notwithstanding the execution of any agreements or any judgments entered in any condemnation proceeding, prior to September 2, 1964.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1966—Pub. L. 89–624 inserted “to the United States” and “or any State statute,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1966 Amendment Pub. L. 88–561, § 3, as added by Pub. L. 89–624, Oct. 4, 1966, 80 Stat. 874, provided that: “The amendment made by this Act [enacting section 945b of this title and amending this section] shall apply to any condemnation action pending in any district court of the United States on the date of enactment of this Act [Oct. 4, 1966] and to any such action instituted after that date.”

§945a Compensation for Rights-of-way for Certain Reclamation Projects