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43 U.S.C. § 389

Section 389 · Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy

Amended 1 time on record

Applied in 8 court decisions — leading case State of Arizona v. State of California (1963)

Most recently applied in 578 F. Supp. 2d 1315 - Lower Arkansas Valley Water Conservancy District v. United States (September 2008)

How often courts cite this section

1939196019802000200830ch. 418enacted · 1939 · ch. 418State of Arizona v. State of Californialeading · 1963 · State of Arizona v. State of California
citing decisions per year

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.

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Definitions

The definitions in section 485a of this title apply to this section.

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