An Act to authorize the condemnation of lands for sites for public buildings, and other purposes (25

Stat. The ''United States Statutes at Large'', commonly referred to as the ''Statutes at Large'' and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolutio ...

357), commonly known as the Condemnation Act or the Act of August 1, 1888, is a federal

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

adopted by the

50th United States Congress The 50th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1887, ...

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.Hughes, Robert M. ''Handbook of Jurisdiction and Procedure in United States Courts.'' St. Paul, Minn.: West, 1913, p. 199. 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 The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

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. ''United States v. Gettysburg Electric Ry. Co.'', 160 U.S. 668 (1896), 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 ...

'', 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 Olson may refer to: * Olson (surname), people with the name ''Olson'' * Sigurd Olson Environmental Institute * Olson (constructor), a former racing car constructor * Olson database, also known as ''zoneinfo database'' * "Olson", a song by Boards ...

'', 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.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. It is currently enacted primarily as section 3113 of

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 * Subtitle II ...

(2006; section 257 of the 1994 version), with some provisions related to venues and jurisdiction now covered under Title 28 (sections 1358 and 1403).

Footnotes

External links

* * {{DEFAULTSORT:Condemnation Act of 1888 1888 in American law United States federal government administration legislation Eminent domain

See also

Footnotes

External links