Except when authorized by the Secretary of the Army upon the recommendation of the Chief of Engineers, no money appropriated under authority of sections 702a and 702g of this title shall be expended on the construction of any item of the project until the States or levee districts have given assurances satisfactory to the Secretary of the Army that they will (a) maintain all flood-control works after their completion, except controlling and regulating spillway structures, including special relief levees; maintenance includes normally such matters as cutting grass, removal of weeds, local drainage, and minor repairs of main river levees; (b) agree to accept land turned over to them under the provisions of section 702d of this title; (c) provide without cost to the United States, all rights-of-way for levee foundations and levees on the main stem of the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes.
No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place: Provided, however, That if in carrying out the purposes of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title it shall be found that upon any stretch of the banks of the Mississippi River it is impracticable to construct levees, either because such construction is not economically justified or because such construction would unreasonably restrict the flood channel, and lands in such stretch of the river are subjected to overflow and damage which are not now overflowed or damaged by reason of the construction of levees on the opposite banks of the river it shall be the duty of the Secretary of the Army and the Chief of Engineers to institute proceedings on behalf of the United States Government to acquire either the absolute ownership of the lands so subjected to overflow and damage or floodage rights over such lands.
Notes of Decisions
Kane v. Royal Ins. Co. of Am., 768 P.2d 678 (Colo. 1989).
· cites it 16× “" Next, insureds analogize the use of the term "flood" in 33 U.S.C. § 702c to that term's use in the insurance policy exclusion here.”
United States v. James, 478 U.S. 597 (1986).
· cites it 6× “This case presents the question whether the Flood Control Act's immunity provision in 33 U. S. C. § 702c, which states *599 that "[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place," bars…”
State of California v. United States, 271 F.3d 1377 (Fed. Cir. 2001).
· cites it 5× “Plaintiff-Appellant State of California appeals the judgment of the United States Court of Federal Claims holding that the Flood Control Act of 1928, codified at 33 U.S.C. § 702c (1994), immunizes the United States from breach-of-contract claims for damages arising from or…”
In Re Katrina Canal Breaches Litig., 495 F.3d 191 (5th Cir. 2007).
“1975), or other cases interpreting the phrase "floods or flood waters" in 33 U.S.C. § 702c, which grants the United States immunity for damage resulting from floods, because the scope of the government's immunity may be broader than the exclusions in the policies before us,…”
Cent. Green Co. v. United States, 531 U.S. 425 (2001).
· cites it 2× “535, as amended, 33 U. S. C. § 702c. At issue in this case is the meaning of the words “floods or flood waters.”
St. Tammany Par. Ex Rel. Davis v. Fed. Emergency Mgmt. Agency, 556 F.3d 307 (5th Cir. 2009).
· cites it 2× “§ 702c, instead of the general FTCA), or § 2680(a)’s similar discretionary function exception applies concurrently with that of § 5148, see § 2680(a) (defining the inapplicability of the FTCA’s waiver of sovereign immunity for discretionary conduct).”
Richard McCarthy v. United States, 850 F.2d 558 (9th Cir. 1988).
· cites it 2× “The district court concluded the United States was immune from liability under the Flood Control Act of 1928, 33 U.S.C. § 702c. We affirm. I. Lewisville Lake is a reservoir in Denton County, Texas constructed by the Army Corps of Engineers “in the interest .”
C. S. Lenoir v. Porters Creek Watershed Dist., 586 F.2d 1081 (6th Cir. 1978).
· cites it 4× “534 , 535 (codified at 33 U.S.C. § 702c (1976)). The court also granted summary judgment to Hardeman and Tippah as to the state constitutional claims, on the grounds that the state provisions did not require compensation for negligent conduct and that the plaintiff had waived…”
Baird v. United States, 5 Cl. Ct. 324 (Ct. Cl. 1984).
· cites it 6× “As discussed below, plaintiffs have failed to establish a taking by the government either of a flowage or seepage easement over their properties or of the damaged trees and crops. In addition, tortious damages caused by the government through the operation of a flood control…”
Freeman v. United States, 556 F.3d 326 (5th Cir. 2009).
“We only note that, among the many other reasons to reject plaintiffs' assertion, the government is likely immune from such suits under the Flood Control Act of 1938, 33 U.S.C. § 702c ("No liability of any kind shall attach to or rest upon the United States for any damage from or…”
Raymond L. Stover v. United States, 332 F.2d 204 (9th Cir. 1964).
· cites it 6× “The trial court has held that 33 U.S.C. § 702c, 1 on the facts here, insulates the United States from liability.”
— 33 U.S.C. § 702c(a) — 1 case
— 33 U.S.C. § 702c(c) — 1 case
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.