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Title 33 — Navigation and Navigable Waters

Chapter 12 — River and Harbor Improvements Generally

§ 595. Consideration of benefits in assessing compensation

Statutory text

In all cases where private property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly.

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.

  1. Pub. L. 65–155 § 6 · 40 Stat. 904

    Enacted · 33 U.S.C. § 595

    (July 18, 1918, ch. 155, § 6, 40 Stat. 911.)

    Source evidence

    Code source credit
    (July 18, 1918, ch. 155, § 6, 40 Stat. 911.)

    Enacted provision · exact public law section
    Sec. 6. That in all cases where private property shall be taken by Lands, etc., for improvements. Benefits thereby to be considered in awarding damages for part taken. the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly.

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”.

Credits

(July 18, 1918, ch. 155, § 6, 40 Stat. 911.)

Parsed from the official OLRC USLM XML in data/usc_all/usc33.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t33/s595