Right of Eminent Domain

(Condemnation of Property)

* Act of August 1, 1888 (Ch. 782, 25 Stat. 357, as amended; 40 U.S.C. 257)

In every case in which the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses, he may acquire the same for the United States by condemnation, under judicial process, whenever in his opinion it is necessary or advantageous to the Government to do so, and the Attorney General of the United States, upon every application of the Secretary of the Treasury, or such other officer, shall cause proceedings to be commenced for condemnation within thirty days from receipt of the application at the Department of Justice. (40 U.S.C. 257)

Note-The Condemnation Act itself is not an authority to acquire land. Lands or interests therein may be acquired by condemnation only where such acquisition is otherwise authorized by statute; i.e., Weeks Law, Federal Highway Act, or other applicable statute.

Note-The Wilderness Act, the Eastern Wilderness Act, the National Trails System Act, and the Wild and Scenic Rivers Act, which are included in their entirety in this Handbook, have provisions limiting the use of condemnation.