The project for the flood control of the Mississippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the engineering plan set forth and recommended in the report submitted by the Chief of Engineers to the Secretary of the Army dated December 1, 1927, and printed in House Document Numbered 90, Seventieth Congress, first session, is adopted and authorized to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers: Provided, That a board to consist of the Chief of Engineers, the president of the Mississippi River Commission, and a civil engineer chosen from civil life to be appointed by the President, by and with the advice and consent of the Senate, whose compensation shall be fixed by the President and be paid out of the appropriations made to carry on this project, is created; and such board is authorized and directed to consider the engineering differences between the adopted project and the plans recommended by the Mississippi River Commission in its special report dated November 28, 1927, and after such study and such further surveys as may be necessary, to recommend to the President such action as it may deem necessary to be taken in respect to such engineering differences and the decision of the President upon all recommendations or questions submitted to him by such board shall be followed in carrying out the project herein adopted. The board shall not have any power or authority in respect to such project except as hereinbefore provided. Such project and the changes therein, if any, shall be executed in accordance with the provisions of section 702h of this title. Such surveys shall be made between Baton Rouge, Louisiana, and Cape Girardeau, Missouri, as the board may deem necessary to enable it to ascertain and determine the best method of securing flood relief in addition to levees, before any flood-control works other than levees and revetments are undertaken on that portion of the river: Provided, That all diversion works and outlets constructed under the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m and 704 of this title shall be built in a manner and of a character which will fully and amply protect the adjacent lands: Provided further, That pending completion of any floodway, spillway, or diversion channel, the areas within the same shall be given the same degree of protection as is afforded by levees on the west side of the river contiguous to the levee at the head of said floodway, but nothing herein shall prevent, postpone, delay, or in anywise interfere with the execution of that part of the project on the east side of the river, including raising, strengthening, and enlarging the levees on the east side of the river. The sum of $325,000,000 is authorized to be appropriated for this purpose.
All unexpended balances of appropriations prior to May 15, 1928, made for prosecuting work of flood control on the Mississippi River in accordance with the provisions of section 702 of this title, are made available for expenditure under the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, and 702m of this title.
Notes of Decisions
Kirby Forest Indus., Inc. v. United States, 467 U.S. 1 (1984).
“United States, supra, we were called upon to determine the date on which the Government, in an exercise of its eminent domain power under the Flood Control Act of 1928, ch.”
Gen. Box Co. v. United States, 351 U.S. 159 (1956).
· cites it 2× “[7] The Board of Commissioners of the Fifth Louisiana Levee District adopted general resolutions in 1928 and 1929, in consideration of the benefits of the Flood Control Act, agreeing to "[p]rovide without cost to the United States all rights of way for levee foundations and…”
United States v. Hess, 71 F.2d 78 (8th Cir. 1934).
· cites it 2× “' In that opinion we noted that the Flood Control Act (33 USCA § 702a et seq.) doss not by any of its terms confer the right of *79 jury trial on the issue of damages upon property owners affected by and made parties to the condemnation proceedings instituted under the act, and…”
Harrison Cnty., MS v. U.S. Army Corps, 63 F.4th 458 (5th Cir. 2023).
“534 (codified at 33 U.S.C. § 702a). That legislation provided for the establishment of the Mississippi River and Tributaries Project (the “MR&T”), a comprehensive flood control program tasked with averting the worst Mississippi River flood conceivable—the so-called “project…”
Wolfe v. Hurley, 46 F.2d 515 (W.D. La. 1930).
“In their original bill, complainants allege their ownership and possession of certain plantation property in this district, and that the suit is one of a local nature, arising under the Constitution and laws of the United States, to wit, the Fifth and Fourteenth Amendments and…”
Pruyn v. Nelson Bros., 157 So. 585 (La. 1934).
“The' United States' engineers connected with the War Department of the United States government, in carrying out the provisions of the Federal Flood Control Legislation of 1928 (33 USCA §§ 702a to 702m), designed for the purpose of preventing floods or crevasses and also for…”
Mercantile-Com. Bank & Trust Co. v. Se. Arkansas Levee Dist., 106 F.2d 966 (8th Cir. 1939).
“Reference has been made to allegations in the intervening petition of land owners (Poff and others) of depreciation in the values of certain property within said levee district because of the Mississippi River Flood Control Act of May 15, 1928, 33 U.S.C.A. § 702a et seq. During…”
Gerlach Livestock Co. v. United States, 76 F. Supp. 87 (Ct. Cl. 1948).
“2d 602 , alleged that the United States had taken his lands by the adoption of the Mississippi River Flood Control Act of May 15, 1928, 33 U.S.C.A. § 702a et seq., and by the advertising for bids for the construction of certain guide levees bounding the Boeuf Floodway.”
Danziger v. United States, 93 F. Supp. 70 (E.D. La. 1950).
“33 U.S.C.A. § 702a — 12(d). 4. There is imposed upon land along navigable streams in Louisiana a servitude in favpr of the public for the purpose of constructing and repairing levees.”
United States v. 9 Acres of Land, More or Less, in St. Mary Par., Louisiana, 100 F. Supp. 378 (E.D. La. 1951).
“The United States -filed a petition pursuant to the authority contained in 33 U.S. C.A. § 702a to condemn certain property for floodway purposes describing the property to be condemned and naming, among others, as defendant and owner thereof the Oyster Shell Products, Inc.”
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