Federal Declaration of Taking Act of 1931

Federal Declaration of Taking Act of 1931

Long title	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.
Acronyms (colloquial)	DTA
Nicknames	Declaration of Taking
Enacted by	the 71st United States Congress
Effective	February 26, 1931
Citations
Public law	Pub.L. 71–736
Statutes at Large	46 Stat. 1421
Codification
Titles amended	40 U.S.C.: Public Buildings, Properties, and Public Works
U.S.C. sections created	40 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
Kohl v. United States (1875) United States v. Gettysburg Electric Railroad Company (1896) Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897) Berman v. Parker (1954) Penn Central v. New York City (1978) Hawaii Housing Authority v. Midkiff (1984)

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 Takings Clause defines 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 Made - 46 Stat. 1422 § V

Expenditures when United States committed to pay awards

Validity of title

See also[]

Bankhead–Jones Farm Tenant Act of 1937

Condemnation Act of 1888

Federal lands

Frazier–Lemke Farm Bankruptcy Act of 1934

History of English land law

Ketch Ranch House (Oklahoma)

Protected areas of the United States

References[]

Bibliography[]

• Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Internet Archive. Vol. I. Albany, New York: Matthew Bender & Company. OCLC 43697002.
• Nichols, Philip (1917). The Law of Eminent Domain; A Treatise on the Principles which Affect the Taking of Property for the Public Use. Internet Archive. Vol. II. Albany, New York: Matthew Bender & Company. OCLC 43697002.
• Epstein, Richard Allen (1985). Takings: Private Property and the Power of Eminent Domain. Cambridge, Massachusetts: Harvard University Press. ISBN 978-0674036550. OCLC 12079263.
• Paul, Ellen Frankel (1987). Property Rights and Eminent Domain. New Brunswick, New Jersey: Transaction Books. ISBN 978-0887380945. OCLC 14165014.

External links[]

• "Federal Land Acquisition Act of 1930 ~ P.L. 71-710" (PDF). 46 Stat. 828 ~ Senate Bill 3068. United States Library of Congress. June 28, 1930.
• "Anatomy of a Condemnation Case". Environment and Natural Resources Division. United States Department of Justice.
• "History of the Federal Use of Eminent Domain". Environment and Natural Resources Division. United States Department of Justice.
• "Land Acquisition: Where Our Cases Have Taken Us". Environment and Natural Resources Division. United States Department of Justice.