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33 U.S.C. · Navigation and Navigable Waters
33 U.S.C. § 702d

Flowage rights; condemnation proceedings; benefits to property

Ch. 15 — FLOOD CONTROL
Title 33 U.S.C. ● ACTIVE Primary Source Ch. 15
Statutory Text

33 U.S.C. § 702d — Flowage rights; condemnation proceedings; benefits to property

U.S.C. Title 33 - NAVIGATION AND NAVIGABLE WATERS 33 U.S.C. United States Code, 2023 Edition Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 15 - FLOOD CONTROL Sec. 702d - Flowage rights; condemnation proceedings; benefits to property From the U.S. Government Publishing Office, www.gpo.gov

§702d. Flowage rights; condemnation proceedings; benefits to property

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 sections 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.

(May 15, 1928, ch. 569, §4, 45 Stat. 536; Nov. 30, 1945, ch. 496, 59 Stat. 587; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

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.

Source: uscode.house.gov — public domain Official Source ↗
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33 U.S.C. § 702d
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The statutory text of 33 U.S.C. § 702d is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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← 33 U.S.C. § 702c 33 U.S.C. § 702d1 →
Ch. 15 — FLOOD CONTROL
33 U.S.C. § 70133 U.S.C. § 701133 U.S.C. § 701a33 U.S.C. § 701a133 U.S.C. § 701b33 U.S.C. § 701b133 U.S.C. § 701b233 U.S.C. § 701b333 U.S.C. § 701b433 U.S.C. § 701b533 U.S.C. § 701b633 U.S.C. § 701b733 U.S.C. § 701b833 U.S.C. § 701b8a33 U.S.C. § 701b933 U.S.C. § 701b1033 U.S.C. § 701b1133 U.S.C. § 701b1233 U.S.C. § 701b1333 U.S.C. § 701b1433 U.S.C. § 701b1533 U.S.C. § 701b1633 U.S.C. § 701b1733 U.S.C. § 701c33 U.S.C. § 701c133 U.S.C. § 701c233 U.S.C. § 701c333 U.S.C. § 701d33 U.S.C. § 701e33 U.S.C. § 701f
33 U.S.C. — public domain ← All Legislation
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