U.S. Code » Title 23 » Chapter CHAPTER 1— FEDERAL-AID HIGHWAYS

23 U.S.C. § 107

Acquisition of rights-of-way—Interstate System

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(a) In any case in which the Secretary is requested by a State to acquire lands or interests in lands (including within the term “interests in lands”, the control of access thereto from adjoining lands) required by such State for right-of-way or other purposes in connection with the prosecution of any project for the construction, reconstruction, or improvement of any section of the Interstate System, the Secretary is authorized, 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, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40), if—(1) the Secretary has determined either that the State is unable to acquire necessary lands or interests in lands, or is unable to acquire such lands or interests in lands with sufficient promptness; and(2) the State has agreed with the Secretary to pay, at such time as may be specified by the Secretary an amount equal to 10 per centum of the costs incurred by the Secretary, in acquiring such lands or interests in lands, or such lesser percentage which represents the State’s pro rata share of project costs as determined in accordance with subsection (c) 11 See References in Text note below. of section 120 of this title.The authority granted by this section shall also apply to lands and interests in lands received as grants of land from the United States and owned or held by railroads or other corporations.(b) The costs incurred by the Secretary in acquiring any such lands or interests in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition. All costs incurred by the Secretary in connection with the acquisition of any such lands or interests in lands shall be paid from the funds for construction, reconstruction, or improvement of the Interstate System apportioned to the State upon the request of which such lands or interests in lands are acquired, and any sums paid to the Secretary by such State as its share of the costs of acquisition of such lands or interests in lands shall be deposited in the Treasury to the credit of the appropriation for Federal-aid highways and shall be credited to the amount apportioned to such State as its apportionment of funds for construction, reconstruction, or improvement of the Interstate System, or shall be deducted from other moneys due the State for reimbursement from funds authorized to be appropriated under section 108(b) of the Federal-Aid Highway Act of 1956.(c) The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any such lands or interests in lands acquired in any State under the provisions of this section, except the outside five feet of any such right-of-way in any State which does not provide control of access, to the State transportation department of such State or such political subdivision thereof as its laws may provide, upon such terms and conditions as to such lands or interests in lands as may be agreed upon by the Secretary and the State transportation department or political subdivisions to which the conveyance is to be made. Whenever the State makes provision for control of access satisfactory to the Secretary, the outside five feet then shall be conveyed to the State by the Secretary, as herein provided.(d) Whenever rights-of-way, including control of access, on the Interstate System are required over lands or interests in lands owned by the United States, the Secretary may make such arrangements with the agency having jurisdiction over such lands as may be necessary to give the State or other person constructing the projects on such lands adequate rights-of-way and control of access thereto from adjoining lands, and any such agency is directed to cooperate with the Secretary in this connection.(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–284, § 3(1), Sept. 27, 2006, 120 Stat. 1211.)Editorial NotesReferences in Text

Subsection (c) of section 120 of this title, referred to in subsec. (a)(2), was struck out and a new subsec. (c) was added by Pub. L. 102–240, title I, § 1021(a), Dec. 18, 1991, 105 Stat. 1950.

The Federal-Aid Highway Act of 1956, referred to in subsec. (b), is act June 29, 1956, ch. 462, 70 Stat. 374. For complete classification of this Act to the Code, see Tables. Section 108(b) of the Federal-Aid Highway Act of 1956 is set out as a note under section 101 of this title.

Amendments

2006—Subsec. (a). Pub. L. 109–284 substituted “sections 3114 to 3116 and 3118 of title 40” for “the Act of February 26, 1931, 46 Stat. 1421”.

1998—Subsec. (c). Pub. L. 105–178 substituted “State transportation department” for “State highway department” in two places.

Notes of Decisions
Cited in 20 cases, 1962–2010 · leading case: City of Pleasant Ridge v. Governor, 169 N.W.2d 625 (Mich. 1969).
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City of Pleasant Ridge v. Governor, 169 N.W.2d 625 (Mich. 1969). · cites it 22× “[3] If it were not a fact that the cited Federal statute, of which Act 12 is but subsidiary, provides what we must presume is constitutional authority for acquisition, by the United States, of public as well as private property in furtherance of the purposes of the interstate…”
Weiser v. Union Pac. R.R., 2010 UT 4, 247 P.3d 357. “The manual explains the process for federal land transfers under similar federal statutes, 23 U.S.C. §§ 107 (d) and 817. Specifically, section 317 provides for the transfer of federal lands for use in specific federal-aid projects and allows for transfer to "the State…”
West Virginia Dep't of Highways v. Roda, 352 S.E.2d 134 (W. Va. 1986). “See 23 U.S.C. § 107 (a)(2) (1958). 2 . The Court in Buckhannon & N.”
United States v. 17.0098 Acres of Land, 269 F. Supp. 960 (E.D. Pa. 1967). · cites it 4× “Indeed, the provision for Government condemnation of right-of-ways, 23 U.S.C. § 107 (a), requires that before the Government may act, the State must (1) request Government condemnation, (2) be unable to acquire the land or act with sufficient promptness, and (3) agree to pay 10…”
Custom Contemporary Homes, Inc. v. United States, 5 Cl. Ct. 88 (Ct. Cl. 1984). · cites it 2× “1962), the Court analyzed the Act as follows: *91 Indeed, 23 U.S.C. § 107 (a), the provision for government condemnation of rights-of-way, clearly indicates the independent functions of the States and the federal government.”
United States v. Certain Parcels of Land in Peoria Cnty., 209 F. Supp. 483 (S.D. Ill. 1962). · cites it 2× “23 U.S.C.A. § 107 (a), 40 U.S.C.A. § 257 and 40 U.”
Robinswood Cmty. Club v. Jones A. Volpe, 506 F.2d 1366 (9th Cir. 1974). “23 U.S.C. § 107 provides in pertinent part as follows: § 107.”
Eden Mem'l Park Ass'n v. United States, 300 F.2d 432 (9th Cir. 1962). “See 23 U.S.C.A. § 107 . 3 Responsive to Womack’s request, the United States on April 27, 1961, commenced the instant condemnation proceeding.”
George L. Bock v. United States, 375 F.2d 479 (9th Cir. 1967). “This is an appeal by a property owner from a judgment in a condemnation action brought by the United States pursuant to 23 U.S.C. § 107 . The property, belonging to the appellant Bock, was taken for use in constructing under Washington State Highway Project UI-82-2(5) U.”
Nebraska Pub. Power Dist. v. 100.95 Acres of Land, 540 F. Supp. 592 (D. Neb. 1982). “2d at 320 (to permit the Secretary of Transportation to use 23 U.S.C.A. § 107 (a) to condemn tribal lands for highway purposes whenever he thought it desirable to do so would “negate the protective purposes evident in 25 U.”
State of Missouri v. Stupp Bros. Bridge & Iron Co., 248 F. Supp. 169 (W.D. Mo. 1965). “23 U.S.C. § 107 . Finally, the Administrator must inspect and approve all construction.”
Lathan v. Brinegar, 506 F.2d 677 (9th Cir. 1974). “See 23 U.S.C. § 107 . . See 23 U.S.C. § 112 .”
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23 U.S.C. § 107(a): 1 case
United States v. Bd. of Trs. of James Barry-Robinson Home for Boys, 343 F.2d 149 (4th Cir. 1965).
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