43 U.S.C. § 389 : US Code - Section 389: Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy
Search 43 U.S.C. § 389 : US Code - Section 389: Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy
The Secretary is authorized, in connection with the construction
or operation and maintenance of any project, (a) to purchase or
condemn suitable lands or interests in lands for relocation of
highways, roadways, railroads, telegraph, telephone, or electric
transmission lines, or any other properties whatsoever, the
relocation of which in the judgment of the Secretary is
necessitated by said construction or operation and maintenance, and
to perform any or all work involved in said relocations on said
lands or interests in lands, other lands or interests in lands
owned and held by the United States in connection with the
construction or operation and maintenance of said project, or
properties not owned by the United States; (b) to enter into
contracts with the owners of said properties whereby they undertake
to acquire any or all property needed for said relocation, or to
perform any or all work involved in said relocations; and (c) for
the purpose of effecting completely said relocations, to convey or
exchange Government properties acquired or improved under (a)
above, with or without improvements, or other properties owned and
held by the United States in connection with the construction or
operation and maintenance of said project, or to grant perpetual
easements therein or thereover. Grants or conveyances hereunder
shall be by instruments executed by the Secretary without regard to
provisions of law governing the patenting of public lands.
The Secretary is further authorized, for the purpose of orderly
and economical construction or operation and maintenance of any
project, to enter into such contracts for exchange or replacement
of water, water rights, or electric energy or for the adjustment of
water rights, as in his judgment are necessary and in the interests
of the United States and the project.
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