28 U.S.C. § 1358
Section 1358 · Eminent domain
Amended 1 time on record
Applied in 44 court decisions — leading case Chicago Milwaukee St Paul and Pacific Railroad Company Railway Labor Executives' Association Cmc Seaboard System Railroad Inc v. United States (1986)
Most recently applied in United States v. 9.345 Acres of Land, More or Less, Situated in Iberville Parish, Louisiana (April 2017)
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.
The district courts shall have original jurisdiction of all proceedings to condemn real estate for the use of the United States or its departments or agencies.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on section 257 of title 40, U.S.C., 1940 ed., Public Buildings, Property, and Works (Aug. 1, 1888, ch. 728, §1, 25 Stat. 357; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167).
The venue provisions of section 257 of title 40, U.S.C., 1940 ed., are incorporated in section 1403 of this title.
Other provisions of section 257 of title 40, U.S.C., 1940 ed., are retained in said title 40.
Changes were made in phraseology.
Federal Rules of Civil Procedure
Procedure in condemnation proceedings, see rule 71A, Appendix to this title.
Cross References
Amount in controversy immaterial in proceedings under this section, see Historical and Revision Notes under section 1331 of this title.
Armed forces, acquisition of property, see section 2663 of Title 10, Armed Forces.
Coast Guard, acquisition of land, see section 92 of Title 14, Coast Guard.
Condemnation of property, right of Government officials, see section 257 of Title 40, Public Buildings, Property, and Works.
Declaration of taking proceedings in eminent domain, see section 258a et seq. of Title 40.
District of Columbia, procedure in condemnation proceedings, see D.C. Code, §16–1301 et seq.
Irrigation project, acquisition of land, see section 421 of Title 43, Public Lands.
Lumber production, acquisition of property for, see section 2664 of Title 10, Armed Forces.
Reclamation projects, compensation for rights-of-way, see section 945b of Title 43, Public Lands.
River and harbor improvements, acquisition of land, see section 591 et seq. of Title 33, Navigation and Navigable Waters.
Tennessee Valley Authority, procedure in condemnation proceedings, see section 831x of Title 16, Conservation.
Venue of eminent domain proceedings, see section 1403 of this title.