for similar bridges approved by the two Commerce Committees of the Congress of the United States, Seventieth Congress, first session. The reason for exempting the proposed structure from the provisions of the General Bridge Act approved March 23, 1906, is not apparent. Since this legislation expresses the general policy under which Congress consents to the erection of bridges over navigable waters of the United States, I am inclined to the view that so much of the proposed legislation as provides that the bridge shall not be subject to the General Bridge Act should not receive the favorable consideration of Congress. Hon. SAM RAYBURN, GEO. H. DERN, Secretary of War. DEPARTMENT OF AGRICULTURE, Washington, March 14, 1934. Chairman Committee on Interstate and Foreign Commerce, House of Representatives. DEAR MR. RAYBURN: Careful consideration has been given to the bill (H.R. 8493), transmitted with your letter of March 8 with request for a report thereon and such views relative thereto as the Department might desire to communicate. This bill would authorize the owners of Cut-Off Island, Posey County, Ind., to construct, maintain, and operate a free highway bridge or causeway with necessary approaches thereto across the old channel of the Wabash River in order to connect said island with the highway system in White County, Ill. The bill is without objection so far as this Department is concerned. H. A. WALLACE, Secretary. Sincerely, 73D CONGRESS 2d Session } SENATE { REPORT No. 696 CONDEMNATION OF LAND BY THE UNITED STATES FOR PUBLIC WORKS. March 28 (calendar day, APRIL 10), 1934.—Ordered to be printed Mr. NORRIS, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 3303] The Committee on the Judiciary, to whom was referred the bill (S. 3303) to provide for the expeditious condemnation and taking possession of land by an officer, agency, or corporation of the United States authorized to acquire real estate by condemnation in the name of and for the United States, for the construction of public works now, or hereafter, authorized by Congress, having had the same under consideration, beg leave to report thereon as follows: The object of this bill is clearly stated in its title. It is to provide for the expeditious condemnation and taking possession of the property it is necessary to condemn for the use of the United States. The bill was prepared by the attorneys in the office of the Secretary of the Interior in cooperation with the attorneys representing the Department of Justice. Under the existing law, it often happens in condemnation proceedings that long delay occurs before the Government acquires title to the property desired to be acquired. In such cases the work of the Government, or any corporation organized under the laws of Congress and representing the Government, is often greatly delayed. It thus follows that often unnecessary delay occurs in the employment of labor and in many cases one of the objects to be attained is to give employment to labor. In brief, the bill provides that when condemnation proceedings are commenced in public works, delay that often now occurs is eliminated by permitting the Government, or its lawful agents, to take immediate possession of the lands, and proceed with the public works thereon, but in order to prevent any hardship, the court is authorized to fix the time within which, and the terms upon which, the agents of the Government, or any corporation organized by the Government, shall have the right to take possession of the lands sought to be condemned. ★4-11-34 In order to prevent any possible injury being done, the proposed law provides that the payment for the same must have been previously appropriated by the United States, or such protection must be afforded by the deposit of money by the agency seeking the condemnation, the amount thereof so deposited shall be fixed and approved by the court. In many projects authorized by the Public Works Administration it is necessary to condemn large areas of land especially where construction contemplates the building of dams and reservoirs for the storage of waters, and the delay that sometimes occurs under the existing law, will not only retard the improvement but it will retard any relief that these projects are expected to give in the employment of labor. This bill will expedite such proceedings, and enable the construction of such works to proceed without delay. There is attached hereto, and made a part of this report, a letter of Hon. Harold L. Ickes to the chairman of the Judiciary Committee which explains quite fully the objects to be attained by the proposed legislation. The committee therefore recommends the passage of the bill. DEPARTMENT OF THE INTERIOR, Hon. HENRY F. ASHURST, Chairman Committee on the Judiciary, United States Senate. MY DEAR SENATOR ASHURST: I am enclosing the draft of a bill, the purpose of which is to expedite the institution of condemnation proceedings and the taking of possession of lands for the construction of public works so that employment thereon will not be unnecessarily delayed. Although this bill is not limited to any class of public works, it will be of greatest utility in accelerating employment in the construction of dams and reservoirs where large areas of land, chiefly wild and unoccupied, must be taken, as for example, in cases of reclamation work such as the Grand Coulee project on the Columbia River, and of the dam construction and power projects of the Tennessee Valley Authority. The proposed bill follows closely the provisions of section 5 of the Rivers and Harbors Act of July 18, 1918 (40 Stat. 911, 33 U.S.C.A. sec. 594). That act has been frequently employed by the War Department in the condemnation of land for the construction of public works undertaken by it, and has proved satisfactory for this purpose. Aside from formal changes necessary for the extension of the provisions of the enclosed bill to all departments of the Government and to corporations created by the Government, the chief differences between the enclosed bill and that act are the following: (1) The first proviso in section 1 of the bill is new. It makes certain that no person in actual occupancy of property will be disturbed in his enjoyment of it except at such time and upon such conditions as the court may fix. The right of immediate possession conferred by the bill is therefore limited to vacant and unoccupied lands. (2) The second section is new, although it may be declaratory of procedure permissible in condemnation proceedings under existing law. Its purpose is to make possible the initiation of condemnation proceedings without first undertaking lengthy searches of the titles to hundreds, sometimes thousands, of tracts, and without describing such tracts in the condemnation petition. The proviso to section 2, however, requires the amendment of the condemnation petition to provide descriptions of such tracts and the notification of parties who are shown by title search to have interests in the land taken prior to the holding of any hearings for the determination of the compensation to be paid. In this manner, assurance is given that no hardship will be worked by this deviation from the usual form of condemnation petitions. The act of February 26, 1931 (ch. 307, sec. 1, 46 Stat. 1421; 40 U.S.C.A. 258a), provides an alternative method of acquiring possession of land to be taken by condemnation for public works. While useful in situations where the extent of the land to be taken is small, it does not provide a sufficiently prompt method of procedure in situations where a large number of tracts are involved. Under this act deposits must be made in all cases, and the deposits thus made are offered in payment, and not, as under the 1918 Rivers and Harbors Act and under the enclosed bill, merely as security for payment of the compensation to be awarded. It is, therefore, necessary to appraise each tract of land to be taken carefully in advance of taking. This, of course, necessitates a determination of the area of each tract. Moreover, upon the filing of the declaration of taking, title to the property covered by it, passes instanter to the United States. Therefore, even though possession of such land may never actually be taken by the United States, withdrawal is impossible and compensation must be awarded to the land owner. It is submitted that the pressing need to expedite employment on public works justifies the slight relaxation of preliminary formalities in condemnation procedure which this bill contemplates, especially since it follows to so large a degree the provisions of a measure which has proved satisfactory for 16 years, and since its operation would entail no injustice to any landowner. I hope, therefore, that you will introduce this measure, and shall appreciate anything, you may be able to do to secure its early passage. Sincerely yours, |