Английская Википедия:Federal Declaration of Taking Act of 1931
Шаблон:Short description Шаблон:Infobox U.S. legislation Federal Declaration of Taking Act of 1931 is a federal statute granting the American federal government power to acquire private land for public use purposes in the United States. The United States Constitution Fifth Amendment approbate a constitutional clause known as the Takings Clause defining private land as eminent domain meaning United States government entity is obligated the award of 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
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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