16 U.S.C. § 814 : US Code - Section 814: Exercise by licensee of power of eminent domain

Search 16 U.S.C. § 814 : US Code - Section 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.