Flood Control Work in Red River, Atchafalaya and Bayou Boeuf Levee District: Hearings, Seventy-third Congress, Second Sessio

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U.S. Government Printing Office, 1934 - Atchafalaya River (La.) - 59 pages
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Page 40 - That the project for the flood control of the Mississippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the engineering plan set forth and recommended in the report submitted by the Chief of Engineers to -the Secretary of War, dated December 1, 1927, and printed in House Document Numbered 90, Seventieth Congress, first session...
Page 37 - River for protection against the floods of that river; in view of the extent of National concern in the control of these floods in the interests of national prosperity, the flow of interstate commerce, and the movement of the United States mails; and, in view of the gigantic scale of the project, involving flood waters of a volume and flowing from a drainage area largely outside the States most affected, and far exceeding those of any other river in the United States, no local contribution to the...
Page 40 - Numbered 391, approved May 15, 1928 (45 Stat. 534), Seventieth Congress, entitled "An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes...
Page 23 - I hereby certify that the above and foregoing is a true and correct copy of a Resolution submitted to and adopted by the Mississippi Bankers Association in official convention assembled.
Page 30 - Lands and improvements thereon hereafter actually used or destroyed for levees or levee drainage purposes shall be paid for at a price not to exceed the assessed value for the preceding year; provided, this shall not apply to batture, nor to property control of which is vested in the State or any subdivision thereof for the purpose of commerce.
Page 42 - We may assume that, as charged, the mere adoption by Congress of a plan of flood control which involves an intentional, additional, occasional flooding of complainant's land constitutes a taking of it — as soon as the government begins to carry out the project authorized.
Page 30 - WHS necessary to take a previously existing street or highway for levees or levee drainage purposes, shall be paid for at a price not to exceed the assessed value for the preceding year: 1'rnritli'd.
Page 42 - If that which has been done, or is contemplated, does constitute such a taking, the complainant can recover just compensation under the Tucker act in an action at law as upon an implied contract, since the validity of the act and the authority of the defendants are conceded.
Page 37 - That it is hereby declared to be the sense of Congress that the principle of local contribution toward the cost of flood-control work, which has been incorporated in all previous national legislation on the subject, is sound, as recognizing the special interest of the local population in its own protection, and as a means of preventing inordinate requests for unjustified items of work having no material national interest.
Page 42 - The Circuit Court of Appeals affirmed the judgment of the District Court in disallowing damages under the counterclaim.

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