§ 814. — Exercise by licensee of power of eminent domain.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC814]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
Sec. 814. Exercise by licensee of power of eminent domain
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 \1\ 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.
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by a colon.
---------------------------------------------------------------------------
(June 10, 1920, ch. 285, pt. I, Sec. 21, 41 Stat. 1074; renumbered pt.
I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847; Pub. L.
102-486, title XVII, Sec. 1701(d), Oct. 24, 1992, 106 Stat. 3009.)
Amendments
1992--Pub. L. 102-486 substituted final proviso and sentence for
period at end.
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.
