33 U.S.C. § 591

Condemnation, purchase, and donation of land and materials

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The Secretary of the Army may cause proceedings to be instituted, in the name of the United States, in any court having jurisdiction of such proceedings, for the acquirement by condemnation of any land, right-of-way, or material needed to enable him to maintain, operate, or prosecute works for the improvement of rivers and harbors for which provision has been made by law; such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: Provided, however, That when the owner of such land, right-of-way, or material shall fix a price for the same, which in the opinion of the Secretary of the Army, shall be reasonable, he may purchase the same at such price without further delay: And provided further, That the Secretary of the Army is authorized to accept donations of lands or materials required for the maintenance or prosecution of such works.

Notes of Decisions

Cited in 47 cases, 1932–1993 · leading case: United States v. 49.79 Acres of Land

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United States v. 49.79 Acres of Land (1983) ded · cites it 5× “94 , 33 U.S.C. § 591 (1974), Congress conferred upon the Secretary of the Army the authority to condemn land to “maintain, operate or prosecute works for improvement of rivers and harbors for which provision has been made by law.”

United States v. Miller (1943) scotus “94 , 33 U. S. C. § 591 . 25 Chappell v. United States, 160 U.”

United States v. L.E. Cooke Company, Inc. (1993) ca6 “A condemnation proceeding of this type is authorized by 33 U.S.C. §§ 591 and 701 and 40 U.S.C. § 258a.”

United States v. Meyer (1940) ca7 · cites it 2× “94 , 33 U.S. C. § 591, 33 U.S.C.A. § 591 , which empowers the Secretary of War to institute proceedings in the name of the United States for the “acquirement by condemnation of any land, right of way, or material needed to enable him to maintain, operate or prosecute works for…”

West, Inc., and Mrs. Florence Wetherbee v. United States (1967) ca5 · cites it 3× “844 (1963); 33 U.S.C. §§ 591 , 701, 702a, 702a-l to 702a-2).”

Georgia-Pacific Corp. v. United States (1978) cc “Neither the terms of the legislation granting the Government the right to bring the condemnation action ( 33 U.S.C. §§ 591 , 701c-1, see also 40 U.”

United States v. Chicago, B. & QR Co. (1936) ca8 “, 33 U.S.C.A. § 591 , by filing its petition for condemnation on June 16, 1930, later, and on May 7, 1931, it amended its petition by limiting the floodway sought, to 699 feet above the Memphis datum and to lands on the riverward side only of appellee’s railroad tracks.”

Simmonds v. United States (1952) ca9 “94 , 33 U.S.C.A. § 591 , and the River and Harbor Act approved August 30, 1935, c.”

United States v. Chicago, B. & Q. R. Co. (1937) ca7 “See 33 U.S.C.A. § 591 . It is the law of that state that where proceedings are instituted to condemn property, and the petition recites, as it must, title and ownership or interest by the defendant, the condemnor is thereby bound by such expressed recognition of title, and…”

United States v. 58.16 Acres of Land, More or Less, Situated in Clinton County, State of Illinois, and George Cooley, an (1973) ca7 “94 , 33 U.S.C. § 591 , River and Harbor Improvement Act and 39 Stat.”

United States v. Richardson (1953) ca5 “94 ; 33 U.S.C.A. § 591 ), and the Act approved March 1, 1917 ( 39 Stat.”

United States v. Rayno (1943) ca1 “In it condemnation of the land is sought under 33 U.S.C.A. § 591 . On the day the petition for condemnation was filed the court entered an order giving the United States immediate possession pursuant to 33 U.”

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