16 U.S.C. § 809

Temporary use by Government of project works for national safety; compensation for use

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When in the opinion of the President of the United States, evidenced by a written order addressed to the holder of any license under this chapter, the safety of the United States demands it, the United States shall have the right to enter upon and take possession of any project or part thereof, constructed, maintained, or operated under said license, for the purpose of manufacturing nitrates, explosives, or munitions of war, or for any other purpose involving the safety of the United States, to retain possession, management, and control thereof for such length of time as may appear to the President to be necessary to accomplish said purposes, and then to restore possession and control to the party or parties entitled thereto; and in the event that the United States shall exercise such right it shall pay to the party or parties entitled thereto just and fair compensation for the use of said property as may be fixed by the commission upon the basis of a reasonable profit in time of peace, and the cost of restoring said property to as good condition as existed at the time of the taking over thereof, less the reasonable value of any improvements that may be made thereto by the United States and which are valuable and serviceable to the licensee.

Notes of Decisions

Cited in 4 cases, 1932–1977 · leading case: Fed. Power Comm'n v. Niagara Mohawk Power Corp., 347 U.S. 239 (1954).

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Fed. Power Comm'n v. Niagara Mohawk Power Corp., 347 U.S. 239 (1954). · cites it 2× “1072 , 16 U. S. C. § 809 ; § 20 as to rate fixing, 41 Stat.”

Alabama Power Co. v. Fed. Power Comm'n, 128 F.2d 280 (D.C. Cir. 1942). “Section 26 of the 1920 Act provides for the institution, by the Attorney General, of proceedings in equity for the purpose of revoking any license issued under the Act because of the violation of its terms “or for the purpose of remedying or correcting by injunction, mandamus,…”

Georgia Power Co. v. 54.20 Acres of Land, 563 F.2d 1178 (5th Cir. 1977). “In addition, Georgia Power notes that the government may acquire a project in time of national emergency, 16 U.S.C. § 809 •(1970). The landowners emphasize that this lawsuit involves private parties and that Georgia Power (or any other licensee) is likely to condemn property…”

Clarion River Power Co. v. Smith, 59 F.2d 861 (D.D.C. 1932). “* * * ” Under section 16 (16 USCA § 809) the United States is authorized to take over a project in time of war by paying such just and fair compensation as may be fixed by the commission “upon the basis of a reasonable profit in time of peace.”

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