CONDEMNATION OF LAND FOR WAR PURPOSES WEDNESDAY, JULY 15, 1942 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met, pursuant to notice, in the Committee on the Judiciary committee room, United States Capitol, at 10 a. m., Senator. John A. Danaher presiding. Present: Senators Danaher (presiding), O'Mahoney, and Norris. Also present: J. E. Williams, Ralph J. Luttrell, and Frank Chambers, Lands Division, Department of Justice; John J. Courtney, Lands Division, Department of Justice and Navy Department; Robert H. Fabian, War Department; and Hon. Sam Hobbs, United States Representative from Alabama. Senator DANAHER. The committee will be in order. These hearings are proceeding on Senate bills S. 2625 and S. 2626, the former being identical with H. R. 7143 which passed the House on July 1, 1942. (S. 2625 and H. R. 7143 are as follows:) [S. 2625, 77th Cong., 2d Sess.] A BILL To expedite the payment for land acquired during the war period Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of the Act of April 24, 1888, entitled "An Act to facilitate the prosecution of works projected for the improvement of rivers and harbors" (25 Stat. 94; 33 Ú. S. C., sec. 591), section 2 of the Act of August 1, 1888, entitled "An Act to authorize condemnation of land for sites of public buildings, and for other purposes" (25 Stat. 357; 40 U. S. C., sec. 258), the Act of July 2, 1917, entitled "An Act to authorize condemnation proceedings of lands for military purposes" (40 Stat. 241; 50 U. S. C., sec. 171); section 4 of the Act of May 15, 1928, entitled "An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes" (45 Stat. 536; 33 U. S. C., sec. 702d), or other provisions of law, in every case instituted in any court of the United States in the continental United States and Alaska, except the District of Columbia, for the condemnation of real property, or any interest therein, by the United States, any department, agency, commission, or board thereof, or Government-owned or Government-controlled corporation, except the Tennessee Valley Authority, the issue of compensation, when not settled by agreement or stipulation, shall be determined only by the court with a jury selected and impaneled as in other civil actions, unless the parties consent to its determination by the court without a jury. SEC. 2. This Act shall take effect upon its approval and shall apply in all cases hereafter instituted and in all pending cases except those in which the commissioners or other persons by whom the amount of compensation is to be determined shall have been appointed and qualified and shall have entered upon the performance of their duties. SEC. 3. The provisions of this Act shall remain in force and effect only until December 31, 1944, or until such earlier time as the Congress by concurrent resolution, or the President, may designate. 1 [H. R. 7143, 77th Cong., 2d sess.] AN ACT To expedite the payment for land acquired during the war period Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of the Act of April 24, 1888, entitled "An Act to facilitate the prosecution of works projected for the improvement of rivers and harbors" (25 Stat. 94; 33 U. S. C., sec. 591); section 2 of the Act of August 1, 1888, entitled "An Act to authorize condemnation of land for sites of public buildings, and for other purposes” (25 Stat. 357; 40 U. S. C., sec. 258); the Act of July 2, 1917, entitled "An Act to authorize condemnation proceedings of lands for military purposes" (40 Stat. 241; 50 U. S. C., sec. 171) as amended; section 4 of the Act of May 15, 1928, entitled "An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes" (45 Stat. 536; 33 U. S. C., sec 702d) or other provisions of law, in every case instituted in any court of the United States in the continental United States and Alaska, except the District of Columbia, for the condemnation of real property, or any interest therein, by the United States, any department, agency, commission, or board thereof, or Government-owned or Government-controlled corporation, except the Tennessee' Valley Authority, the issue of compensation, when not settled by agreement or stipulation, shall be determined only by the court with a jury selected and impaneled as in other civil actions, unless the parties consent to its determination by the court without a jury. SEC. 2. This Act shall take effect upon its approval and shall apply in all cases hereafter instituted and in all pending cases except those in which the commissioners or other persons by whom the amount of compensation is to be determined shall have been appointed and qualified and shall have entered upon the performance of their duties. SEC. 3. The provisions of this Act shall remain in force and effect only until December 31, 1944, or until such earlier time as the Congress by concurrent resolution, or the President, may designate. Passed the House of Representatives July 1, 1942. SOUTH TRIMBLE, Clerk, Senator DANAHER. Representatives of the office of the Attorney General present the viewpoint of the Attorney General on each of the pending matters. Representatives are also present from the War Department and from the Navy Department. I have at hand a letter dated May 18, 1942, from the Attorney General addressed to the Honorable Frederick R. Van Nuys, chairman of the Senate Committee on the Judiciary, which I think should be set forth verbatim in the record. (The letter referred to is as follows:) OFFICE OF THE ATTORNEY GENERAL, Hon. FREDERICK R. VAN NUYS, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: I take pleasure in submitting herewith a draft of a bill to expedite the payment for land acquired during the war period by elimi nating the use of commissioners, appraisers, and assessors in Federal condemnation proceedings. The bill would provide that the issue of compensation, in every condemnation proceeding instituted in any court of the United States, in the continental United States and Alaska, except the District of Columbia, when not settled by agreement or stipulation, shall be determined only by the court with a jury impaneled as in other civil actions, unless the parties consent to its determination by the court with a jury. The bill would apply only to condemnation proceedings instituted by the United States, any department, agency, commission, or board thereof, or Government owned or controlled corporation, except the Tennessee Valley Authority. The proposed legislation would take effect upon its approval and would be applicable to all Federal condemnation proceedings thereafter instituted as well |