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Federal Declaration of Taking Act of 1931

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Federal Declaration of Taking Act of 1931
Great Seal of the United States
Long titleAn Act to expedite the construction of public buildings and works outside of the District of Columbia by enabling possession and title of sites to be taken in advance of final judgment in proceedings for the acquisition thereof under the power of eminent domain.
Acronyms (colloquial)DTA
NicknamesDeclaration of Taking
Enacted bythe 71st United States Congress
EffectiveFebruary 26, 1931
Citations
Public lawPub. L. 71–736
Statutes at Large46 Stat. 1421
Codification
Titles amended40 U.S.C.: Public Buildings, Properties, and Public Works
U.S.C. sections created40 U.S.C. ch. 31, subch. II §§ 3114, 3115, 3116, 3118
Legislative history
  • Introduced in the House as H.R. 14255
  • Signed into law by President Herbert Hoover on February 26, 1931
United States Supreme Court cases

Federal Declaration of Taking Act of 1931 is a federal statute granting the federal government power to acquire private land for public use purposes in the United States, a process known as eminent domain. The Fifth Amendment to the United States Constitution's "Takings Clause" limits government over-reach by obliging the government body concerned award "just compensation" to a property owner relinquishing private property for public use purposes.[1]

The 71st Congressional session codified the regulatory taking clause of the constitutional law with the passage of the H.R. 14255 bill. The legislation was enacted into law by the 31st President of the United States Herbert Hoover on February 26, 1931.

Provisions of the Act

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The public property acquisition act was penned as five sections facilitating the transfer of private property appropriated for public use purposes in the continental United States.

Declaration of Taking
46 Stat. 1421-1422 § I
* Acquisition of public building sites for public use
* Declaration of Taking to be filed
* Statements annexed regarding Declaration of Taking
* Title to vest in United States upon deposit of just compensation
* Compensation to be ascertained
* Interest
* No commission charges
* Payment upon application of parties in interest
* If compensation award exceeds payment made judgment entered for deficit
* Power of court to fix time for surrender of possession
* Orders respecting encumbrances
Vesting Not Prevented or Delayed
46 Stat. 1422 § II
* Vesting of title not delayed by appeal
Irrevocable Commitment of Federal Government
46 Stat. 1422 § III
* Payment of ultimate award
Right of Taking as Addition to Existing Rights
46 Stat. 1422 § IV
* Prior rights not abrogated
Authorized Purposes of Expenditures After Irrevocable Commitment
46 Stat. 1422 § V
* Expenditures when United States committed to pay awards
* Validity of title

See also

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References

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  1. ^ "U.S. Constitution Fifth Amendment Rights of Persons ~ Amendment 5.9 Takings". Congress.gov. United States Library of Congress.

Bibliography

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