Whenever the Secretary of the Army, in pursuance of authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights of way needed for a work of river and harbor improvements 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, easements, or rights-of-way, to the extent of the interest 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 entitled thereto, either by previous appropriation by the United States or by the deposit of moneys 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.
Notes of Decisions
East Tennessee Nat. Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004).
“materials and facilities for emergency preparedness, with the right to take immediate possession thereof'); 33 U.S.C. § 594 (when Secretary of Army is authorized to take lands necessary for harbor improvements, he "shall have the right to take immediate possession”); see also 10…”
United States v. Meyer, 113 F.2d 387 (7th Cir. 1940).
· cites it 3× “904 , 911, 33 U.S.C. § 594 , 33 U.S.C.A. § 594 , had been complied with.”
United States v. Dow, 357 U.S. 17 (1958).
“904 , 911, 33 U. S. C. § 594 ; Title II of the Second War Powers Act of March 27, 1942, 56 Stat.”
23 Tracts of Land v. United States, 177 F.2d 967 (6th Cir. 1949).
“On the same day an order granting immediate possession to the United States was entered pursuant to § 5 of the River and Harbor Act of July 18, 1918, 33 U.S.C.A. § 594 . On December 26, 1944, a declaration of taking was filed and $2,-500 was deposited in court as the estimated…”
Tilden v. United States, 10 F. Supp. 377 (W.D. La. 1934).
· cites it 2× “, title 33 (33 USCA § 594). And “the jury or other tribunal awarding the just compensation or assessing the damages to the owner * * * shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder [of the…”
United States v. Rayno, 136 F.2d 376 (1st Cir. 1943).
“On the day the petition for condemnation was filed the court entered an order giving the United States immediate possession pursuant to 33 U.S.C.A. § 594 . Thereafter three commissioners were appointed in accordance with the state procedure for the condemnation of land, and…”
Wittmayer v. United States, 118 F.2d 808 (9th Cir. 1941).
“Attention is called to 33 U.S.C.A. § 594 providing that condemnation suits “shall be diligently prosecuted on the part of the United States in order that such compensation may be promptly ascertained and paid.”
United States v. Eltzroth, 124 F.3d 632 (4th Cir. 1997).
· cites it 2× “During the interim, the Government entered into possession of an easement on the Island pursuant to an April 3, 1953 district court order that granted immediate possession to the Government under the Rivers and Harbors Appropriation Act of 1918, 33 U.S.C.A. § 594 (West 1986). 2…”
United States v. West Virginia Power Co., 122 F.2d 733 (4th Cir. 1941).
“904 , 911, 33 U.S.C.A. § 594 . The order sustaining the demurrer and dismissing the petition will accordingly be reversed and the cause will be remanded to the court below with direction that, in the light of the principles here announced, it pass upon the motion for an order…”
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