§ 809. — Temporary use by Government of project works for national safety; compensation for use.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC809]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 809. Temporary use by Government of project works for
national safety; compensation for use
When in the opinion of the President of the United States, evidenced
by a written order addressed to the holder of any license under this
chapter, the safety of the United States demands it, the United States
shall have the right to enter upon and take possession of any project or
part thereof, constructed, maintained, or operated under said license,
for the purpose of manufacturing nitrates, explosives, or munitions of
war, or for any other purpose involving the safety of the United States,
to retain possession, management, and control thereof for such length of
time as may appear to the President to be necessary to accomplish said
purposes, and then to restore possession and control to the party or
parties entitled thereto; and in the event that the United States shall
exercise such right it shall pay to the party or parties entitled
thereto just and fair compensation for the use of said property as may
be fixed by the commission upon the basis of a reasonable profit in time
of peace, and the cost of restoring said property to as good condition
as existed at the time of the taking over thereof, less the reasonable
value of any improvements that may be made thereto by the United States
and which are valuable and serviceable to the licensee.
(June 10, 1920, ch. 285, pt. I, Sec. 16, 41 Stat. 1072; renumbered pt.
I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847.)
Transfer of Functions
Federal Power Commission terminated and its functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Termination of War and Emergencies
Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided
that in the interpretation of this section, the date July 25, 1947,
shall be deemed to be the date of termination of any state of war
theretofore declared by Congress and of the national emergencies
proclaimed by the President on September 8, 1939, and May 27, 1941.
