The United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main channel of the Mississippi River: Provided, That in all cases where the execution of the flood control plan herein adopted results in benefits to property such benefits shall be taken into consideration by way of reducing the amount of compensation to be paid.
The Secretary of the Army may cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of the Army and the Chief of Engineers, are needed in carrying out this project, the said proceedings to be instituted in the United States district court for the district in which the land, easement, or right of way is located. In all such proceedings the practice, pleadings, forms, and modes of proceedings shall conform as near as may be to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such district court is held, any rule of the court to the contrary notwithstanding. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the Secretary of the Army is reasonable, he may purchase the same at such price; and the Secretary of the Army is also authorized to accept donations of lands, easements, and rights of way required for this project. The provisions of sections 594 and 595 of this title are made applicable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided, That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests.
Notes of Decisions
Big Oak Farms, Inc. v. United States, 105 Fed. Cl. 48 (Fed. Cl. 2012).
· cites it 2× “33 U.S.C. § 702d. Pursuant to this mandate, the federal government acquired flowage easements over approximately eighty percent of the Flood-way.”
Kincaid v. United States, 35 F.2d 235 (W.D. La. 1929).
· cites it 4× ““Complainant would further state: That although the Flood Control Act of May 15, 1928, § 4 [33 USCA § 702d] above recited, and the Constitution of the United States, Fifth Amendment, which provides: ‘ * * * Nor shall any person * * * be deprived of life, liberty, or property,…”
United States v. Alexander, 47 F. Supp. 900 (W.D. Va. 1942).
· cites it 2× “536 , 33 U.S.C.A. § 702d, where provision is made that in any condemnation under that act the value of the property taken shall be ascertained by commissioners appointed by the court.”
United States v. Hess, 71 F.2d 78 (8th Cir. 1934).
“534 , 536, § 4, title 33 USCA § 702d. It has been argued that the provisions of the aet as to proceedings for the purpose of ascertaining the value of the property by appointing three commissioners whose award, when confirmed by the court, shall be final, are too abbreviated to…”
United States v. Stubbs, 35 F.2d 357 (W.D. La. 1929).
· cites it 2× “In other words, the plaintiff seeks an interpretation of section 4 of the Act of May 15 (33 USCA § 702d) in conjunction with the provisions of sections 594 and 595 of title 33 of the U.”
Big Oak Farms, Inc. v. United States, 131 Fed. Cl. 45 (Fed. Cl. 2017).
“” 33 U.S.C. § 702d. Enactment of the Flood Control Act of 1928 resulted in some local flood control measures being incorporated in federally-controlled flood control measures.”
Kincaid v. United States, 37 F.2d 602 (W.D. La. 1929).
· cites it 2× “Referring now to the Flood Control Act, in section 4 (33 USCA § 702d) it is provided: “The United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main channel of the Mississippi river.”
Mallette v. United States, 137 F.2d 95 (8th Cir. 1943).
“, which not only has no provision for a jury trial of the issue of value or compensation, but which in § 4, 33 U.S.C.A. § 702d, provides: “In all such proceedings the court [United States District Court], for the purpose of ascertaining the value of the property and assessing…”
Sponenbarger v. United States, 101 F.2d 506 (8th Cir. 1939).
· cites it 2× “or flood waters at any place”; but Section 4 (33 U.S.C.A. § 702d) directs that the United States shall provide flowage rights for additional destructive flood waters that will pass by reason of diversions from the main channel of the river, and the Secretary of War may cause…”
United States v. Hess, 70 F.2d 142 (8th Cir. 1934).
“The relevant provision of the Mood Control Aet (section 4 [33 USCA § 702d]) concerning condemnation proceedings thereunder is: “In all such proceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, shall appoint…”
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