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.
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 encumbrancesVesting Not Prevented or Delayed 46 Stat. 1422 § II * Vesting of title not delayed by appealIrrevocable Commitment of Federal Government 46 Stat. 1422 § III * Payment of ultimate awardRight of Taking as Addition to Existing Rights46 Stat. 1422 § IV * Prior rights not abrogatedAuthorized Purposes of Expenditures After Irrevocable Commitment 46 Stat. 1422 § V * Expenditures when United States committed to pay awards * Validity of title
See also Bankhead–Jones Farm Tenant Act of 1937 Federal lands Condemnation Act of 1888 Frazier–Lemke Farm Bankruptcy Act of 1934 Eminent domain in the United States Ketch Ranch House (Oklahoma) Farm Security Administration Protected areas of the United States
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