An Act to authorize the condemnation of lands for sites for public buildings, and other purposes (25 Stat. 357), commonly known as the Condemnation Act or the Act of August 1, 1888, is a federal statute adopted by the 50th United States Congress and signed into law on August 1, 1888, which authorizes federal officials to seek eminent domain condemnation of land for the purpose of erecting public buildings. It also gives federal district and appellate courts jurisdiction over these proceedings.[1]
Condemnation Act
Long title
An Act to authorize condemnation of land for sites of public buildings, and for other purposes.
Congress had previously given the federal government the power to seek eminent domain in the Act of April 24, 1888 ("An act to facilitate the prosecution of works projected for the improvement of rivers and harbors", 25 Stat. 94), which provided for condemnation proceedings in order to improve rivers or harbors, and which also required the federal government to seek eminent domain only in state courts.[2] It amended this act on June 29, 1906, to permit condemnation proceedings even if the exercise of eminent domain solely benefited private parties.[2] But the Condemnation Act of 1888 is much broader than either of these other statutes, as it allows any federal official to seek condemnation proceedings, allows condemnation for any "public purpose", and allows federal officials to proceed in either federal or state court.[2] The authority of federal officials to exercise their powers under the Act was challenged by private citizens and the state of Missouri in the 1940s. In United States v. Carmack, 329 U.S. 230 (1946), the Supreme Court of the United States upheld the federal government's eminent domain powers under the Condemnation Act and further upheld the government's right to exercise eminent domain over land containing buildings owned by a state or local government.[3] In United States v. Gettysburg Electric Ry. Co., 160 U.S. 668 (1896), the Supreme Court held that the Condemnation Act covered condemnation to acquire land for historic preservation purposes. This is a crucial precedent establishing broad federal authority to preserve historic sites.[4] The Supreme Court also relied on a general reading of the Act in Olson v. United States, 292 U.S. 246 (1934), when it decided that the highest value of a piece of land could be taken into consideration in eminent domain proceedings but was not the only factor to be used in determining the fair market value of the land.
The Condemnation Act was still in force as of 2005.[5] It is currently enacted primarily as section 3113 of Title 40 of the United States Code (2006; section 257 of the 1994 version), with some provisions related to venues and jurisdiction now covered under Title 28 (sections 1358 and 1403).
^Curtis, Russell H. Important Federal Statutes Annotated. Chicago: Callaghan and Co., 1891, p. 111.
^ abcHughes, Robert M. Handbook of Jurisdiction and Procedure in United States Courts. St. Paul, Minn.: West, 1913, p. 199.
^Dimitrakopoulos, Dionyssis G. Individual Rights and Liberties Under the U.S. Constitution: The Case Law of the U.S. Supreme Court. Boston: M. Nijhoff, 2007, p. 820.
^Byrne, J. Peter. "Hallowed Ground: The Gettysburg Battlefield in Historic Preservation Law." Tulane Environmental Law Journal. 22:203 (Summer 2009), p. 222.
^Croddy, Eric and Wirtz, James J. Weapons of Mass Destruction: An Encyclopedia of Worldwide Policy, Technology, and History. Santa Barbara, Calif.: ABC-CLIO, 2005, p. 429.
External linksedit
"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. 13 April 2015.
January 01, 1970
condemnation, authorize, condemnation, lands, sites, public, buildings, other, purposes, stat, commonly, known, august, 1888, federal, statute, adopted, 50th, united, states, congress, signed, into, august, 1888, which, authorizes, federal, officials, seek, em. An Act to authorize the condemnation of lands for sites for public buildings and other purposes 25 Stat 357 commonly known as the Condemnation Act or the Act of August 1 1888 is a federal statute adopted by the 50th United States Congress and signed into law on August 1 1888 which authorizes federal officials to seek eminent domain condemnation of land for the purpose of erecting public buildings It also gives federal district and appellate courts jurisdiction over these proceedings 1 Condemnation ActLong titleAn Act to authorize condemnation of land for sites of public buildings and for other purposes NicknamesCondemnation Act of 1888Enacted bythe 50th United States CongressEffectiveAugust 1 1888CitationsPublic lawPub L Tooltip Public Law United States 50 728Statutes at Large25 Stat 357CodificationTitles amended40 U S C Public Buildings Properties and Public WorksU S C sections created40 U S C ch 31 subch II 3113Legislative historySigned into law by President Grover Cleveland on August 1 1888 Congress had previously given the federal government the power to seek eminent domain in the Act of April 24 1888 An act to facilitate the prosecution of works projected for the improvement of rivers and harbors 25 Stat 94 which provided for condemnation proceedings in order to improve rivers or harbors and which also required the federal government to seek eminent domain only in state courts 2 It amended this act on June 29 1906 to permit condemnation proceedings even if the exercise of eminent domain solely benefited private parties 2 But the Condemnation Act of 1888 is much broader than either of these other statutes as it allows any federal official to seek condemnation proceedings allows condemnation for any public purpose and allows federal officials to proceed in either federal or state court 2 The authority of federal officials to exercise their powers under the Act was challenged by private citizens and the state of Missouri in the 1940s In United States v Carmack 329 U S 230 1946 the Supreme Court of the United States upheld the federal government s eminent domain powers under the Condemnation Act and further upheld the government s right to exercise eminent domain over land containing buildings owned by a state or local government 3 In United States v Gettysburg Electric Ry Co 160 U S 668 1896 the Supreme Court held that the Condemnation Act covered condemnation to acquire land for historic preservation purposes This is a crucial precedent establishing broad federal authority to preserve historic sites 4 The Supreme Court also relied on a general reading of the Act in Olson v United States 292 U S 246 1934 when it decided that the highest value of a piece of land could be taken into consideration in eminent domain proceedings but was not the only factor to be used in determining the fair market value of the land The Condemnation Act was still in force as of 2005 5 It is currently enacted primarily as section 3113 of Title 40 of the United States Code 2006 section 257 of the 1994 version with some provisions related to venues and jurisdiction now covered under Title 28 sections 1358 and 1403 See also editEminent domain in the United States Federal Declaration of Taking Act of 1931Footnotes edit Curtis Russell H Important Federal Statutes Annotated Chicago Callaghan and Co 1891 p 111 a b c Hughes Robert M Handbook of Jurisdiction and Procedure in United States Courts St Paul Minn West 1913 p 199 Dimitrakopoulos Dionyssis G Individual Rights and Liberties Under the U S Constitution The Case Law of the U S Supreme Court Boston M Nijhoff 2007 p 820 Byrne J Peter Hallowed Ground The Gettysburg Battlefield in Historic Preservation Law Tulane Environmental Law Journal 22 203 Summer 2009 p 222 Croddy Eric and Wirtz James J Weapons of Mass Destruction An Encyclopedia of Worldwide Policy Technology and History Santa Barbara Calif ABC CLIO 2005 p 429 External links edit 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 13 April 2015 Retrieved from https en wikipedia org w index php title Condemnation Act amp oldid 1214729744, wikipedia, wiki, book, books, library,
