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.
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 | |
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Vesting Not Prevented or Delayed | |
46 Stat. 1422 § II | |
Irrevocable Commitment of Federal Government | |
46 Stat. 1422 § III | |
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Right of Taking as Addition to Existing Rights | |
46 Stat. 1422 § IV | |
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Authorized Purposes of Expenditures After Irrevocable Commitment | |
46 Stat. 1422 § V | |
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