Federal Declaration of Taking Act of 1931 is a federal statute granting the federal government power to acquire private land for public use purposes in the United States, a process known as eminent domain. The Fifth Amendment to the United States Constitution's "Takings Clause" limits government over-reach by obliging the government body concerned award "just compensation" to a property owner relinquishing private property for public use purposes.[1]
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| Long title | An Act to expedite the construction of public buildings and works outside of the District of Columbia by enabling possession and title of sites to be taken in advance of final judgment in proceedings for the acquisition thereof under the power of eminent domain. |
|---|---|
| Acronyms (colloquial) | DTA |
| Nicknames | Declaration of Taking |
| Enacted by | the 71st United States Congress |
| Effective | February 26, 1931 |
| Citations | |
| Public law | Pub. L. 71–736 |
| Statutes at Large | 46 Stat. 1421 |
| Codification | |
| Titles amended | 40 U.S.C.: Public Buildings, Properties, and Public Works |
| U.S.C. sections created | 40 U.S.C. ch. 31, subch. II §§ 3114, 3115, 3116, 3118 |
| Legislative history | |
| |
| United States Supreme Court cases | |
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
editThe 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 |
See also
editReferences
edit- ^ "U.S. Constitution Fifth Amendment Rights of Persons ~ Amendment 5.9 Takings". Congress.gov. United States Library of Congress.
Bibliography
edit- 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
edit- "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.