Chapter 96. Providing for the protection of the interests of the United States in lands and waters comprising any part of the Potomac River, the Anacostia River or Eastern Branch, and Rock Creek and lands adjacent thereto
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CHAP. 96.— An Act Providing for the protection of the interests of the United States in lands and waters comprising any part of the Potomac River, the Anacostia River or Eastern Branch, and Rock Creek and lands adjacent thereto.April 27, 1912.[[H. R. 22642](/us/bill/62/hr/22642).][[Public, No. 138](/us/pl/62/138).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia.Title to lands, etc., Potomac and Anacoetia rivers and Rock Creek to be determined.
That for the purpose of establishing and making clear the title of the United States it shall be the duty of the Attorney General of the United States to institute as soon as may be, or whenever in his judgment it is deemed proper, a suit or suits in the Supreme Court of the District of Columbia against all persons and corporations, or others, who may have, or pretend to have, any right, title, claim, or interest adverse to the complete title of the United States in and to any part or parcel of the land or water in the District of Columbia in, under, and adjacent to the Potomac River, the Anacostia River or Eastern Branch, and Rock Creek, including the shores and submerged or partly submerged land, as well as the beds of said waterways, and also the upland immediately adjacent thereto, including made lands, flats, and marsh lands.
Sec. 2. Parties made defendants in suit. That the suit or suits mentioned in the preceding section shall be in the nature of a bill in equity, and there shall be made parties defendant thereto all persons and corporations, or others, known to set up or assert any claim or right to or in the land or water in said 94 preceding section mentioned, and against all other persons and corporations, or others, who may claim to have any such right, title, or Service of process.interest.
On the filing of said bill process shall issue and be served, according to the ordinary course of said court, upon all persons and Adverse possessors.corporations, or others, within the jurisdiction of said court; in case said land is in actual adverse possession to the United States notice shall be served on the parties in actual possession, and public notice Advertisement of notice.shall be given, by advertisement in two newspapers published in the city of Washington, for three weeks successively, of the pendency of said suit, and citing all persons and corporations, or others interested in the subject matter of said suit or in the land or water in this Act mentioned, to appear, at a day named in such notice, in said court to answer the said bill and set forth and maintain any right, title, interest, or claim that any person or corporation, or others, may have in the premises; and the court may order such further notice as it shall think fit to any party in interest.
Sec. 3. Jurisdiction of court. That the said cause shall then proceed with all practicable expedition to a final determination by said court of all rights drawn in question therein, and the said court shall have full power and jurisdiction by its decrees to determine every question of right, title, interest, or claim arising in the premises and to vacate, annul, set aside, or confirm any claim of any character arising or set forth in the Effect of decree.premises; and its decree shall be final and conclusive upon all persons and corporations, or others, parties to the suit, or who shall fail, after public notice as hereinbefore in this Act provided, to appear in said court and litigate his, her, their, or its claim, and they shall be deemed forever barred from setting up or maintaining any right, title, interest, or claim in the premises.
Sec. 4. Determination of value of title, etc., adverse to United States. That if on the final hearing of said cause the said Supreme Court of the District of Columbia shall be of opinion that there exists any right, title, or interest in the land or water in this Act mentioned in any person, or corporation, or others, adverse to the complete and paramount right of the United States, the said court shall forthwith and in a summary way proceed to ascertain the value of any such right, title, interest, or claim, exclusive of the value of any improvement to the property covered by such right, title, or interest made by Report to Congress.or under the authority of the United States, and report thereof shall be made to the Congress.
Sec. 5. Appeal to Supreme Court. That from the final decree of the Supreme Court of the District of Columbia, and every part thereof, in the premises, an appeal shall be allowed to the United States, and to any other party in the cause complaining of such decree, to the Supreme Court of the United States, which last-mentioned court shall have full power and jurisdiction to hear, try, and determine the said matter, and every part thereof, and to make final decree in the premises: and the said cause shall, on motion of the Attorney General of the United States, be advanced to the earliest practicable hearing.
Sec. 6. Appropriation. That for carrying out the provisions of this Act, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of twenty-five thousand dollars, to be expended only upon the direction and approval of the Attorney General for such purposes as he may deem necessary. Approved, April 27, 1912.