In all cases where real property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, 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 reasonably 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 depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining 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 condemnation suit pending on December 31, 1970.
Notes of Decisions
United States v. 320.0 Acres of Land, More or Less in the Cnty. of Monroe, State of Florida,& Salvatore R. Ciccone, 605 F.2d 762 (5th Cir. 1979).
“91-611 (codified at 33 U.S.C. § 595a) provides, in part, that In all cases where real property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation…”
Good v. United States, 39 Fed. Cl. 81 (Fed. Cl. 1997).
· cites it 2× “33 U.S.C. § 595a (1994). While section 111 modifies the Rands rule in some condemnation cases, the provision does not abrogate the navigational servitude generally, or provide compensation for economic impacts attributable to the regulation of navigable waters.”
Palm Beach Isles Assocs. v. United States, 42 Fed. Cl. 340 (Fed. Cl. 1998).
· cites it 4× “In cases of partial takings of real property, no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which result from the loss of or reduction of access from such…”
United States v. 30.54 Acres of Land, More or Less, 90 F.3d 790 (3rd Cir. 1996).
· cites it 6× “The landowners now seek just compensation for the deprivation of the use of their property under the Fifth Amendment to the Constitution and Section 111 of the River and Harbors Act of 1970, 33 U.S.C. § 595a (1988). Because the navigational servitude was a preexisting limitation…”
United States v. 13.20 Acres of Land, 629 F. Supp. 242 (E.D. Wash. 1986).
· cites it 5× “33 U.S.C. § 595a. That statute states in part: In cases of partial takings of real property, no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which result from loss…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.