Federal Declaration of Taking Act of 1931

1931 US Federal statute allowing the federal government to seize private land for public use

Kohl v. United States (1875)
United States v. Gettysburg Electric Railroad Company (1896)
Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897)
Berman v. Parker (1954)
Penn Central v. New York City (1978)
Hawaii Housing Authority v. Midkiff (1984)

Federal Declaration of Taking Act of 1931 is a federal statute granting the American federal government power to acquire private land for public use purposes in the United States. The United States Constitution Fifth Amendment approbate a constitutional clause known as the Takings Clause defining private land as eminent domain meaning United States government entity is obligated the award of just compensation to a property owner relinquishing private property for public use purposes.^[1]

The 71st Congressional session codified the regulatory taking clause of the constitutional law with the passage of the H.R. 14255 bill. The legislation was enacted into law by the 31st President of the United States Herbert Hoover on February 26, 1931.

Provisions of the Act

The public property acquisition act was penned as five sections facilitating the transfer of private property appropriated for public use purposes in the continental United States.

Declaration of Taking

46 Stat. 1421-1422 § I

* Acquisition of public building sites for public use

* Declaration of Taking to be filed

* Statements annexed regarding Declaration of Taking

* Title to vest in United States upon deposit of just compensation

* Compensation to be ascertained

* Interest

* No commission charges

* Payment upon application of parties in interest

* If compensation award exceeds payment made judgment entered for deficit

* Power of court to fix time for surrender of possession

* Orders respecting encumbrances

Vesting Not Prevented or Delayed

46 Stat. 1422 § II

* Vesting of title not delayed by appeal

Irrevocable Commitment of Federal Government

46 Stat. 1422 § III

* Payment of ultimate award

Right of Taking as Addition to Existing Rights

46 Stat. 1422 § IV

* Prior rights not abrogated

Authorized Purposes of Expenditures After Irrevocable Commitment

46 Stat. 1422 § V

* Expenditures when United States committed to pay awards

* Validity of title

References

^ "U.S. Constitution Fifth Amendment Rights of Persons ~ Amendment 5.9 Takings". Congress.gov. United States Library of Congress.

Bibliography

Lewis, John (1888). A Treatise on the Law of Eminent Domain in the United States. Chicago, Illinois: Callaghan & Company. LCCN 13010152. OCLC 1668306.
Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. I. Albany, New York: Matthew Bender & Company. OCLC 43697002 – via Internet Archive.
Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Vol. II. Albany, New York: Matthew Bender & Company. OCLC 43697002 – via Internet Archive.
Epstein, Richard Allen (1985). Takings: Private Property and the Power of Eminent Domain. Cambridge, Massachusetts: Harvard University Press. ISBN 978-0674036550. OCLC 12079263.
Paul, Ellen Frankel (1987). Property Rights and Eminent Domain. New Brunswick, New Jersey: Transaction Books. ISBN 978-0887380945. OCLC 14165014.

External links

"Federal Land Acquisition Act of 1930 ~ P.L. 71-467" (PDF). 46 Stat. 828, Chapter 710 ~ Senate Bill 3068. USLaw.Link. June 28, 1930.
"Anatomy of a Condemnation Case". Environment and Natural Resources Division. United States Department of Justice.
"History of the Federal Use of Eminent Domain". Environment and Natural Resources Division. United States Department of Justice.
"Land Acquisition: Where Our Cases Have Taken Us". Environment and Natural Resources Division. United States Department of Justice.