33 U.S.C. § 595
Section 595 · Consideration of benefits in assessing compensation
Amended 1 time on record
Applied in 24 court decisions — leading case United States v. Rands (1967)
Most recently applied in Horne v. Department of Agriculture (June 2015)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In all cases where private property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Section is from act July 18, 1918, popularly known as the “Rivers and Harbors Appropriation Act of 1918”.
Cross References
Condemnation for flood control, section as applicable to, see sections 701c–2 and 702d of this title.