33 U.S.C. § 702d : US Code - Section 702D: Flowage rights; condemnation proceedings; benefits to property

Search 33 U.S.C. § 702d : US Code - Section 702D: Flowage rights; condemnation proceedings; benefits to property

The United States shall provide flowage rights for additional
destructive flood waters that will pass by reason of diversions
from the main channel of the Mississippi River: Provided, That in
all cases where the execution of the flood control plan herein
adopted results in benefits to property such benefits shall be
taken into consideration by way of reducing the amount of
compensation to be paid.
The Secretary of the Army may cause proceedings to be instituted
for the acquirement by condemnation of any lands, easements, or
rights of way which, in the opinion of the Secretary of the Army
and the Chief of Engineers, are needed in carrying out this
project, the said proceedings to be instituted in the United States
district court for the district in which the land, easement, or
right of way is located. In all such proceedings the practice,
pleadings, forms, and modes of proceedings shall conform as near as
may be to the practice, pleadings, forms, and proceedings existing
at the time in like causes in the courts of record of the State
within which such district court is held, any rule of the court to
the contrary notwithstanding. When the owner of any land, easement,
or right of way shall fix a price for the same which, in the
opinion of the Secretary of the Army is reasonable, he may purchase
the same at such price; and the Secretary of the Army is also
authorized to accept donations of lands, easements, and rights of
way required for this project. The provisions of sections 594 and
595 of this title are made applicable to the acquisition of lands,
easements, or rights of way needed for works of flood control:
Provided, That any land acquired under the provisions of this
section shall be turned over without cost to the ownership of
States or local interests.