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43 U.S.C. § 945a — Compensation for rights-of-way for certain reclamation projects

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 945a — Compensation for rights-of-way for certain reclamation projects

Notwithstanding the existence of any reservation of right-of-way to the United States for canals under [section 945 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section945&num=0&edition=prelim), or any State statute, the Secretary of the Interior shall pay just compensation, including severance damages, to the owners of private land utilized for ditches or canals in connection with any reclamation project, or any unit or any division of a reclamation project, provided the construction of said ditches or canals commenced after January 1, 1961, and such compensation shall be paid notwithstanding the execution of any agreements or any judgments entered in any condemnation proceeding, prior to September 2, 1964.

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Stable record: federal_law:legal_authorities:record_usc_f8865489c29084979d54784c
Source file: Laws/federal/codes/united-states-code/title-43/section-945a-compensation-for-rights-of-way-for-certain-reclamation-projects--bceffc1bfe.md
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Passage SHA-256: 69e2326fa0d3943bb206dedae10f3eb4ac2f6775db44cf54948bb5d6cff8a12a

Source location: Title 43, Chapter 22, § 945a; chapter-022-rights-of-way-and-other-easements-in-public-lands.md

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Notwithstanding the existence of any reservation of right-of-way to the United States for canals under [section 945 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section945&num=0&edition=prelim), or any State statute, the Secretary of the Interior shall pay just compensation, including severance damages, to the owners of private land utilized for ditches or canals in connection with any reclamation project, or any unit or any division of a reclamation project, provided the construction of said ditches or canals commenced after January 1, 1961, and such compensation shall be paid notwithstanding the execution of any agreements or any judgments entered in any condemnation proceeding, prior to September 2, 1964.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 945 — Reservation in patents of right of way for ditches or canals

In all patents for lands taken up after August 30, 1890, under any of the land laws of the United States or on entries or claims validated by this Act, west of the one hundredth meridian, it shall be expressed that there is reserved from the lands in said patent described a right of way thereon for ditches or canals constructed by the authority of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 945b — Jurisdiction; procedure

Jurisdiction of an action brought by the United States or the landowner for the determination of just compensation pursuant to [section 945a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section945a&num=0&edition=prelim) is hereby conferred on the United States district court in the district in which any such land is situated, without limitation to the amount of compensation sought by such suit. The procedure for such an action shall be governed by the Federal Rules of Civil Procedure for the condemnation of real and personal property.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 945a — Compensation for rights-of-way for cer-

Page 293 TITLE 43—PUBLIC LANDS § 945b present or prospective reservoir system: Pro- vided further, That the plan for the location and construction of any such railway, or any part thereof, shall be first submitted to the Sec- retary of the Army and approved by him and by the Chief of Engineers of the United States Army. (Feb. 27, 1901, ch. 614, 31 Stat. 815; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of- way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 944. Right of way in Oklahoma and Arizona Where, under sections 934 to 939 of this title, or under special Acts of Congress, or under the laws of the former Territories of Oklahoma and Arizona, railroads have been constructed and were on June 26, 1906, in operation in Oklahoma or Arizona which passe

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