§ 702d. — Flowage rights; condemnation proceedings; benefits to property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC702d]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 15--FLOOD CONTROL
Sec. 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, Sec. 4, 45 Stat. 536; Nov. 30, 1945, ch. 496, 59
Stat. 587; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
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.''
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.
Section Referred to in Other Sections
This section is referred to in sections 701c-1, 701e, 702a, 702a-
1\1/2\, 702a-1\3/4\, 702a-10, 702a-11, 702c, 702d-1, 702h, 702i, 702j,
702l, 702m, 702n of this title.
