Condemnation Act
Encyclopedia
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 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.
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. It amended this act on June 29, 1906, to permit condemnation proceedings even if the exercise of eminent domain solely benefited private parties. 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. 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. 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. The Supreme Court also relied on a general reading of the Act in Olson v. United States, 292 U.S. 246 (1934), when the 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. 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).
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
adopted by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and signed into law on August 1, 1888, which authorizes federal officials to seek eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
condemnation of land for the purpose of erecting public buildings. It also gives federal district and appellate courts jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over these proceedings.
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. It amended this act on June 29, 1906, to permit condemnation proceedings even if the exercise of eminent domain solely benefited private parties. 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. The authority of federal officials to exercise their powers under the Act was challenged by private citizens and the state of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
in the 1940s. In United States v. Carmack, 329 U.S. 230 (1946), the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
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
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
or local government. In United States v. Gettysburg Electric Ry. Co.
United States v. Gettysburg Electric Ry. Co.
United States v. Gettysburg Electric Ry. Co. was a case to prevent trolley operations on the Gettysburg Battlefield. The dispute began in August 1891 when the Gettysburg Battlefield Memorial Association's board approved attorney motion to deny trolley right-of-way along GBMA roads...
, 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. The Supreme Court also relied on a general reading of the Act in Olson v. United States, 292 U.S. 246 (1934), when the 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. It is currently enacted primarily as section 3113 of Title 40 of the United States Code
Title 40 of the United States Code
Title 40 of the United States Code outlines the role of Public Buildings, Properties, and Public Works in the United States Code.* Subtitle I—Federal Property and Administrative Services* Subtitle II—Public Buildings and Works...
(2006; section 257 of the 1994 version), with some provisions related to venues and jurisdiction now covered under Title 28
Title 28 of the United States Code
Title 28 is the portion of the United States Code that governs the federal judicial system.It is divided into six parts:* Part I: Organization of Courts* Part II: Department of Justice...
(sections 1358 and 1403).