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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 814 Exercise by licensee of power of eminent domain us united_states_code code_section 16 CONSERVATION 12 FEDERAL REGULATION AND DEVELOPMENT OF POWER 814 16 U.S.C. § 814 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s814 data/legal/raw/us/code/title-16/usc16.xml 2fb4f06876fde88ec23ac774e825ae1e21cd908713bee642e186285ba0277fdf 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 1920b81e1d155044dfa5c5c68ff80d47ba6e6a9e6f3934e2052cddf70c42dc62 2026-07-04 official
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16 U.S.C. § 814 - Exercise by licensee of power of eminent domain

Text

When any licensee cannot acquire by contract or pledges an unimproved dam site or the right to use or damage the lands or property of others necessary to the construction, maintenance, or operation of any dam, reservoir, diversion structure, or the works appurtenant or accessory thereto, in conjunction with any improvement which in the judgment of the commission is desirable and justified in the public interest for the purpose of improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such land or other property may be located, or in the State courts. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated: Provided, That United States district courts shall only have jurisdiction of cases when the amount claimed by the owner of the property to be condemned exceeds $3,000 11 So in original. Probably should be followed by a colon. Provided further, That no licensee may use the right of eminent domain under this section to acquire any lands or other property that, prior to October 24, 1992, were owned by a State or political subdivision thereof and were part of or included within any public park, recreation area or wildlife refuge established under State or local law. In the case of lands or other property that are owned by a State or political subdivision and are part of or included within a public park, recreation area or wildlife refuge established under State or local law on or after October 24, 1992, no licensee may use the right of eminent domain under this section to acquire such lands or property unless there has been a public hearing held in the affected community and a finding by the Commission, after due consideration of expressed public views and the recommendations of the State or political subdivision that owns the lands or property, that the license will not interfere or be inconsistent with the purposes for which such lands or property are owned.

(June 10, 1920, ch. 285, pt. I, § 21, 41 Stat. 1074; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; Pub. L. 102486, title XVII, § 1701(d), Oct. 24, 1992, 106 Stat. 3009.)

Notes

Editorial Notes

Amendments1992—Pub. L. 102486 substituted final proviso and sentence for period at end.