Title 33 — Navigation and Navigable Waters
Chapter 12 — River and Harbor Improvements Generally
§ 594. When immediate possession of land may be taken
Statutory text
Whenever the Secretary of the Army, in pursuance of authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights of way needed for a work of river and harbor improvements duly authorized by Congress, the United States, upon the filing of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights-of-way, to the extent of the interest to be acquired, and proceed with such public works thereon as have been authorized by Congress: Provided, That certain and adequate provision shall have been made for the payment of just compensation to the party or parties entitled thereto, either by previous appropriation by the United States or by the deposit of moneys or other form of security in such amount and form as shall be approved by the court in which such proceedings shall be instituted. The respondent or respondents may move at any time in the court to increase or change the amounts or securities, and the court shall make such order as shall be just in the premises and as shall adequately protect the respondents. In every case the proceedings in condemnation shall be diligently prosecuted on the part of the United States in order that such compensation may be promptly ascertained and paid.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 65–155 § 5 · 40 Stat. 904
Enacted · 33 U.S.C. § 594
July 18, 1918, ch. 155, § 5, 40 Stat. 911
Source evidence
Code source credit
July 18, 1918, ch. 155, § 5, 40 Stat. 911Enacted provision · exact public law section
Sec. 5. That whenever the Secretary of War, in pursuance of Immediate possession of lands on entering proceedings to condemn for public works. authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights of way needed for a work of river and harbor improvement duly authorized by Congress, the United States, upon the filing of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights of way, to the extent of the interest to be acquired, and proceed with such public works thereon as have been authorized by Congress: Provided, That certain and adequate provision shall have Proviso. Just compensation to be paid. been made for the payment of just compensation to the party or parties entitled thereto, either by previous appropriation by the United States or by the deposit of moneys or other form of security in such amount and form as shall be approved by the court in which such proceedings shall be instituted. The respondent or respondents Action to increase amount, allowed. may move at any time in the court to increase or change the amounts or securities, and the court shall make such order as shall be just in the premises and as shall adequately protect the respondents. In every case the proceedings in condemnation shall be diligently prosecuted on the part of the United States in order that such compensation may be promptly ascertained and paid.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section is from act , popularly known as the “Rivers and Harbors Appropriation Act of 1918”.
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 , was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Credits
1918–1947 · 2 acts
- 1918July 18, 1918, ch. 155, § 5, 40 Stat. 911
- 1947July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.
Show as published
(July 18, 1918, ch. 155, § 5, 40 Stat. 911; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)