43 U.S.C. § 315Q
Section 315q · Withdrawal of lands for war or national defense purposes; payment for cancellation of permits or licenses
Amended 2 times on record
Applied in 5 court decisions — leading case Osborne v. United States (1944)
Most recently applied in White Sands Ranchers v. United States (November 1988)
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.
Whenever use for war or national defense purposes of the public domain or other property owned by or under the control of the United States prevents its use for grazing, persons holding grazing permits or licenses and persons whose grazing permits or licenses have been or will be canceled because of such use shall be paid out of the funds appropriated or allocated for such project such amounts as the head of the department or agency so using the lands shall determine to be fair and reasonable for the losses suffered by such persons as a result of the use of such lands for war or national defense purposes. Such payments shall be deemed payment in full for such losses. Nothing contained in this section shall be construed to create any liability not now existing against the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.
Amendments
1948—Act May 28, 1948, inserted “or national defense” between “war” and “purposes” wherever appearing.
Effective Date of 1948 Amendment
Section 2 of act May 28, 1948, provided that: “This amendment [amending this section] is to take effect as of July 25, 1947.”
Termination of War and Emergencies
Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.