Chapter 379. to carry into effect provisions of the convention between the United States and Great Britain to regulate the level of Lake of the Woods concluded on the 24th day of February, 1925,” approved May 22, 1926
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Chap. 379: To amend the Act entitled “An Act to carry into effect provisions of the convention between the United States and Great Britain to regulate the level of Lake of the Woods concluded on the 24th day of February, 1925,” approved May 22, 1926. Chapter 379 45 Stat. 431 1928-04-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 379.— An Act To amend the Act entitled “An Act to carry into effect provisions of the convention between the United States and Great Britain to regulate the level of Lake of the Woods concluded on the 24th day of February, 1925,” approved May 22, 1926.
April 18, 1928.[[H. R. 10884](/us/bill/70/hr/10884).][[Public, No. 280](/us/pl/70/280).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the first Lake of the Woods.Vol. 44, p. 617, amended.Vol. 44, p. 2108.paragraph of section 1 of the Act entitled “An Act to carry into effect provisions of the convention between the United States and Great Britain to regulate the level of Lake of the Woods concluded on the 24th day of February, 1925,” approved May 22, 1926, is amended to read as follows:
" “That the Secretary of War be, and he is hereby, authorized Acquiring flowage, easements, etc., in lands, in Minnesota, bordering said lake, etc., to regulate level thereof, under treaty engagement with Great Britain.Vol. 25, p. 357.and easements, directed to acquire, as soon as practicable after the enactment of this Act, by purchase or by condemnation, in accordance with the provisions of the Act entitled ‘An Act to authorize condemnation of land for sites for public buildings, and for other purposes,’ approved August 1, 1888, and in accordance with the constitutional provisions of the State of Minnesota which provide that private property shall not be taken, destroyed, or damaged for public use without just compensation therefor first paid or secured, the flowage easements up to elevation one thousand and sixty-four sea-level datum upon all lands in such State bordering on the Lake of the Woods, Warroad River, and Rainy River, and such lands Lands for protective works, etc.or protective or interests therein as are necessary to provide for the protective 432works and measures in such State along the shores of the Lake of the Woods and the banks of the Warroad River and the Rainy Treaties, Vol. 44, p. 2110.River as specified in article 8 of the convention signed at Washington on the 24th day of February, 1925, between the Governments of the United States and Great Britain providing for the regulation of the level of the Lake of the Woods.
” " Condemnation proceedings.Vol. 44, p.617, amended.Witness fees, etc., assessed against United States. Sec. 2. Section 1 of such Act approved May 22, 1926, is amended by adding at the end thereof a new sentence to read as follows: " “In such condemnation proceedings fees and mileage of witnesses shall be assessed against the United States to the same extent in any given case as if the proceeding had been initiated by a private corporation.” " Damages.Vol. 44, p. 617, amended.Prior claims for damages due to artificial obstruction to outlets to be investigated.*Post,* p. 930.
Sec. 3. Section 3 of such Act approved May 22, 1926, is amended to read as follows: " “Sec. 3. The Secretary of War is hereby authorized and directed to cause to be investigated, as soon as practicable, all claims for damages caused, prior to the acquisition of flowage easements under this Act, to the inhabitants of the United States by fluctuation of the water levels of the Lake of the Woods due to artificial obstructions in outlets of said lake, and after due notice and opportunity for hearing, shall ascertain and determine the loss or injury, if any, Report to Congress.that may have been sustained by the respective claimants and to report to Congress for its consideration the amount or amounts he may find to be equitably due such claimants, together with a statement in each case of the substantial facts upon which the conclusion *Proviso.*Claims to be presented in 30 days.is based: *Provided,* That all claims not presented to the Secretary of War under this provision prior to the expiration of thirty days from the date of the passage of this amendatory Act, shall not be considered by him and shall be forever barred.
” " Approved, April 18, 1928.
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Chapter 379
to carry into effect provisions of the convention between the United States and Great Britain to regulate the level of Lake of the Woods concluded on the 24th day of February, 1925,” approved May 22, 1926
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