Public Law 40–CLXXXIV

That

Right of way, materials, &c. may be taken in making improvements at Des Moines or Rock Island Rapids;

value to be first paid or secured.

Proviso.

whenever in the prosecution of the improvements of the Mississippi River, at either the Des Moines or Rock Island rapids therein, it becomes necessary or proper to take possession of the right of way over any lands, or to use any earth, quarries, or other material lying adjacent or near to either of said works, and needful for its prosecution, the officer in charge of said work, or his assistant, may, in the name of the United States, take possession of and it use the same, after having first paid, or secured to be paid, the value thereof, which may have been ascertained in the mode provided by the laws of the State wherein such property or material lie[s], for adjudging the value of private property which may be needed for any public improvement: Provided, however, That when the owner of such property or material shall fix a price for the same, which, in the opinion of the said officer in charge, shall be reasonable, he may take the same at such price without further delay.

Sec. 2.

And be it further enacted, That

Part of apparition may applied, &c.

a portion of the appropriations made or to be made for the prosecution of the improvements aforesaid, not exceeding fifty thousand dollars in amount, may be applied in payment of the property or material taken and used as aforesaid.