U.S. Code » Title 43 » Chapter CHAPTER 22— RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

43 U.S.C. § 945a

Compensation for rights-of-way for certain reclamation projects

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Notwithstanding the existence of any reservation of right-of-way to the United States for canals under section 945 of this title, or any State statute, the Secretary of the Interior shall pay just compensation, including severance damages, to the owners of private land utilized for ditches or canals in connection with any reclamation project, or any unit or any division of a reclamation project, provided the construction of said ditches or canals commenced after January 1, 1961, and such compensation shall be paid notwithstanding the execution of any agreements or any judgments entered in any condemnation proceeding, prior to September 2, 1964.

Notes of Decisions
Cited in 3 cases, 1967–2000 · leading case: Barnaud v. Belle Fourche Irrigation Dist., 2000 SD 57 (S.D. 2000).
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Barnaud v. Belle Fourche Irrigation Dist., 2000 SD 57 (S.D. 2000). · cites it 2× “The only right to compensation is statutorily authorized by 43 USC § 945a. Id. This section, passed on October 4,1966, states, Notwithstanding the existence of any reservation of right-of-way to the United States for canals under section 945 of this title, or any State statute,…”
United State v. 106.64 Acres of Land, 264 F. Supp. 199 (D. Neb. 1967). · cites it 4× “” 43 U.S.C.A. § 945a. “Jurisdiction of an action brought by the United States or the landowner for the determination of just compensation pursuant to section 945a of this title is hereby conferred on the United States district court in the district in which any such land is…”
United States v. 59.95 Acres of Land, 299 F. Supp. 672 (E.D. Cal. 1969). · cites it 2× “Although defendants’ memorandum in opposition ably and persuasively explores what seems, at first blush, to be the single weakness in that decision— the failure to adequately consider the legislative history of Title 43 U.”
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