§ 595a. — Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC595a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER III--ACQUISITION OF LAND AND MATERIALS
Sec. 595a. Compensation for taking or condemnation of property
for public improvements; fair market value; partial taking;
effective date
In all cases where real 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, the compensation to be paid for real
property taken by the United States above the normal high water mark of
navigable waters of the United States shall be the fair market value of
such real property based upon all uses to which such real property may
reasonably be put, including its highest and best use, any of which uses
may be dependent upon access to or utilization of such navigable waters.
In cases of partial takings of real property, no depreciation in the
value of any remaining real property shall be recognized and no
compensation shall be paid for any damages to such remaining real
property which result from loss of or reduction of access from such
remaining real property to such navigable waters because of the taking
of real property or the purposes for which such real property is taken.
The compensation defined herein shall apply to all acquisitions of real
property after December 31, 1970, and to the determination of just
compensation in any condemnation suit pending on December 31, 1970.
(Pub. L. 91-611, title I, Sec. 111, Dec. 31, 1970, 84 Stat. 1821.)
