33 U.S.C. § 596 — Repealed. Pub. L. 91–646, title III, § 306,

Page 147 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 596 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. § 594. When immediate possession of land may be taken Whenever the Secretary of the Army, in pursu- ance of authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by con- demnation of any lands, easements, or rights of way needed for a work of river and harbor im- provements 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, ease- ments, or rights-of-way, to the extent of the in- terest 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 en- titled thereto, either by previous appropriation by the United States or by the deposit of mon- eys 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. (July 18, 1918, ch. 155, § 5, 40 Stat. 911; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION Section is from act July 18, 1918, 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 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. § 595. Consideration of benefits in assessing com- pensation In all cases where private property shall be taken by the United States for the public use in connection with any improvement of rivers, har- bors, 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. (July 18, 1918, ch. 155, § 6, 40 Stat. 911.) Editorial Notes CODIFICATION Section is from act July 18, 1918, popularly known as the ‘‘Rivers and Harbors Appropriation Act of 1918’’. § 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 con- nection with any improvement of rivers, har- bors, 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 reason- ably 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 de- preciation in the value of any remaining real property shall be recognized and no compensa- tion shall be paid for any damages to such re- maining 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 con- demnation suit pending on December 31, 1970. (Pub. L. 91–611, title I, § 111, Dec. 31, 1970, 84 Stat. 1821.) § 596. Repealed. Pub. L. 91–646, title III, § 306, Jan. 2, 1971, 84 Stat. 1907 Section, Pub. L. 86–645, title III, § 301, July 14, 1960, 74 Stat. 502, declared the policy of Congress with respect to payment of just and reasonable consideration to owners and tenants whose property is acquired for pub- lic works projects and payment of a purchase price in negotiation for such property which will consider such congressional policy. See provisions of Uniform Reloca- tion Assistance and Real Property Acquisition Policies Act of 1970, classified to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal not applicable to any State so long as sections 4630 and 4655 of title 42 are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a Page 148 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 597 State to extent the State is able under its laws to com- ply with such sections, see section 221 of Pub. L. 91–646, set out as an Effective Date note under section 4601 of Title 42, The Public Health and Welfare. SAVINGS PROVISION Any rights or liabilities existing under provisions re- pealed by section 306 of Pub. L. 91–646 as not affected by such repeal, see section 306 of Pub. L. 91–646, set out in part as a Savings Provision note under section 4651 of Title 42, The Public Health and Welfare. § 597. Acquisition of lands for water resource de- velopment projects; information as to prob- able timing for acquisition; public meetings; regulations Within six months after the date that Con- gress authorizes construction of a water re- source development project under the jurisdic- tion of the Secretary of the Army, the Corps of Engineers shall make reasonable effort to advise owners and occupants in and adjacent to the project area as to the probable timing for the acquisition of lands for the project and for inci- dental rights-of-way, relocations, and any other requirements affecting owners and occupants. Within a reasonable time after initial appropria- tions are made for land acquisition or construc- tion, including relocations, the Corps of Engi- neers shall conduct public meetings at locations convenient to owners and tenants to be dis- placed by the project in order to advise them of the proposed plans for acquisition and to afford them an opportunity to comment. To carry out the provisions of this section, the Chief of Engi- neers shall issue regulations to provide, among other things, dissemination of the following in- formation to those affected: (1) factors consid- ered in making the appraisals; (2) desire to pur- chase property without going to court; (3) legal right to submit to condemnation proceedings; (4) payments for moving expenses or other losses not covered by appraised market value; (5) occu- pancy during construction; (6) removal of im- provements; (7) payments required from occu- pants of Government acquired land; (8) with- drawals by owners of deposits made in court by Government, and (9) use of land by owner when easement is acquired. The provisions of this sec- tion shall not subject the United States to any liability nor affect the validity of any acquisi- tions by purchase or condemnation and shall be exempt from the operations of subchapter II of chapter 5, and chapter 7, of title 5. (Pub. L. 86–645, title III, § 302, July 14, 1960, 74 Stat. 502.) Editorial Notes CODIFICATION ‘‘Subchapter II of chapter 5, and chapter 7, of title 5’’ substituted in text for ‘‘the Administrative Procedure Act of June 11, 1946, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first sec- tion of which enacted Title 5, Government Organization and Employees. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 86–645, title III, § 303, July 14, 1960, 74 Stat. 503, provided that: ‘‘Title III of this Act [enacting this sec- tion and section 596 of this title] may be cited as the ‘Land Acquisition Policy Act of 1960’.’’ § 598. Resettlement of displaced families, individ- uals, and business concerns (a) Acquisition of land; condemnation expenses; bond Whenever any State, or any agency or instru- mentality of a State or local government, or any nonprofit incorporated body organized or chartered under the law of the State in which it is located, or any nonprofit association or com- bination of such bodies, agencies or instrumen- talities, shall undertake to secure any lands or interests therein as a site for the resettlement of families, individuals, and business concerns displaced by a river and harbor improvement, flood control or other water resource project duly authorized by Congress, and when it has been determined by the Secretary of the Army that the State is unable to acquire necessary lands or interests in lands or is unable to ac- quire such lands or interests in lands with suffi- cient promptness, the Secretary, upon the re- quest of the Governor of the State in which such site is located, and after consultation with ap- propriate Federal, State, interstate, regional, and local departments and agencies, is author- ized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, do- nation, condemnation or otherwise in accord- ance with the laws of the United States (includ- ing sections 3114–3116 and 3118 of title 40). All ex- penses of said acquisition and any award that may be made under a condemnation proceeding, including costs of examination and abstract of title, certificate of title, appraisal, advertising, and any fees incident to acquisition, shall be paid by such State or body, agency, or instru- mentality. The State, agency, instrumentality, or nonprofit body may repay such amounts from any funds made available to it for such purposes by any Federal department, agency, or instru- mentality (other than the Department of the Army) having authority to make funds available for such a purpose. Pending such payment, the Secretary may expend from any funds hereafter appropriated for the project occasioning such acquisition such sums as may be necessary to carry out this section. To secure payment, the Secretary may require any such State or agen- cy, body, or instrumentality to execute a proper bond in such amount as he may deem necessary before acquisition is commenced. Any sums paid to the Secretary by any such State or agency, body or instrumentality shall be deposited in the Treasury to the credit of the appropriation for such project. (b) Acquisition provisions No acquisition shall be undertaken under the authority of this section unless the Secretary has determined, after consultation with appro- priate Federal, State, and local governmental agencies that (1) the development of a site is necessary in order to alleviate hardships to dis- placed persons; (2) the location of the site is suitable for development in relation to present or potential sources of employment; and (3) a