
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC814]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 814. Exercise by licensee of power of eminent domain

    When any licensee cannot acquire by contract or pledges an 
unimproved dam site or the right to use or damage the lands or property 
of others necessary to the construction, maintenance, or operation of 
any dam, reservoir, diversion structure, or the works appurtenant or 
accessory thereto, in conjunction with any improvement which in the 
judgment of the commission is desirable and justified in the public 
interest for the purpose of improving or developing a waterway or 
waterways for the use or benefit of interstate or foreign commerce, it 
may acquire the same by the exercise of the right of eminent domain in 
the district court of the United States for the district in which such 
land or other property may be located, or in the State courts. The 
practice and procedure in any action or proceeding for that purpose in 
the district court of the United States shall conform as nearly as may 
be with the practice and procedure in similar action or proceeding in 
the courts of the State where the property is situated: Provided, That 
United States district courts shall only have jurisdiction of cases when 
the amount claimed by the owner of the property to be condemned exceeds 
$3,000 \1\ Provided further, That no licensee may use the right of 
eminent domain under this section to acquire any lands or other property 
that, prior to October 24, 1992, were owned by a State or political 
subdivision thereof and were part of or included within any public park, 
recreation area or wildlife refuge established under State or local law. 
In the case of lands or other property that are owned by a State or 
political subdivision and are part of or included within a public park, 
recreation area or wildlife refuge established under State or local law 
on or after October 24, 1992, no licensee may use the right of eminent 
domain under this section to acquire such lands or property unless there 
has been a public hearing held in the affected community and a finding 
by the Commission, after due consideration of expressed public views and 
the recommendations of the State or political subdivision that owns the 
lands or property, that the license will not interfere or be 
inconsistent with the purposes for which such lands or property are 
owned.
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    \1\ So in original. Probably should be followed by a colon.
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(June 10, 1920, ch. 285, pt. I, Sec. 21, 41 Stat. 1074; renumbered pt. 
I, Aug. 26, 1935, ch. 687, title II, Sec. 212, 49 Stat. 847; Pub. L. 
102-486, title XVII, Sec. 1701(d), Oct. 24, 1992, 106 Stat. 3009.)


                               Amendments

    1992--Pub. L. 102-486 substituted final proviso and sentence for 
period at end.

                          Transfer of Functions

    Federal Power Commission terminated and its functions, personnel, 
property, funds, etc., transferred to Secretary of Energy (except for 
certain functions transferred to Federal Energy Regulatory Commission) 
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The 
Public Health and Welfare.
