Federal Declaration of Taking Act of 1931 explained

Shorttitle:Federal Declaration of Taking Act of 1931
Longtitle:An 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.
Colloquialacronym:DTA
Nickname:Declaration of Taking
Enacted By:71st
Effective Date:February 26, 1931
Title Amended:40 U.S.C.: Public Buildings, Properties, and Public Works
Sections Created: §§ 3114, 3115, 3116, 3118
Introducedin:House
Signedpresident:Herbert Hoover
Signeddate:February 26, 1931

Federal Declaration of Taking Act of 1931 is a federal statute granting the | 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

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
  • 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
Vesting Not Prevented or Delayed
46 Stat. 1422 § II
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
Authorized Purposes of Expenditures After Irrevocable Commitment
46 Stat. 1422 § V
  • Expenditures when United States committed to pay awards
  • Validity of title

See also

Bibliography

External links

Notes and References

  1. Web site: U.S. Constitution Fifth Amendment Rights of Persons ~ Amendment 5.9 Takings . Congress.gov . United States Library of Congress.