Chapter 26. to authorize and direct the survey, construction, and maintenance of a memorial highway to connect Mount Vernon, in the State of Virginia, with the Arlington Memorial Bridge across the Potomac River at Washington.” January 23, 1930.[[S
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/statutes-at-large/vol-46/chapter-26-478324·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 26.— Joint Resolution To amend sections 3 and 4 of the Act entitled “An Act to authorize and direct the survey, construction, and maintenance of a memorial highway to connect Mount Vernon, in the State of Virginia, with the Arlington Memorial Bridge across the Potomac River at Washington.” January 23, 1930.[[S. J. Res. 91](/us/bill/71/sjres/91).][[Pub. Res., No. 34](/us/bill/71/pubres/34).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3Mount Vernon Memorial Highway, Va.Vol. 45, p. 721, amended.*Post*, p. 1563. of the Act entitled “An Act to authorize and direct the survey, construction, and maintenance of a memorial highway to connect Mount Vernon, in the State of Virginia, with the Arlington Memorial Bridge across the Potomac River at Washington,” approved May 23, 1928 (Forty-fifth Statutes at Large, pages 721, 722), be, and the same hereby is, amended by the addition of the following language:
“and to make such lands which would be inImprovement of added lands. Vol. 22, p. 198. harmony with the District of Columbia river and harbor plan of the War Department, pursuant to the Act of August 2, 1882.” Sec. 2. That section 4 of said Act be, and the same hereby is,Condemnation of lands in Virginia.Vol. 45, p. 722, amended.Matter stricken out. amended by striking out that part of said section which reads: “Whenever it becomes necessary to acquire by condemnation proceedings any lands in the State of Virginia for the purpose of carrying out the provisions of this Act, such proceedings shall conform to the laws of said State now in force in reference to Federal condemnation proceedings,” and by substituting in lieuMatter substituted. thereof the following:
“Whenever it becomes necessary to acquireProceedings under State law. by condemnation proceedings any lands in the State of Virginia for the purpose of carrying out the provisions of this Act, such proceedings shall conform as near as may be to the proceedings authorized by chapter 472 of the 1928 acts of the General Assembly of Virginia (acts of the 1928 General Assembly of Virginia, pages 1228–1230), empowering the State highway commissioner of Virginia to condemn lands for State highway purposes: *Provided further*,*Provisos*.Construction before condemnation.
That in addition to the exercise of the power of eminent domain as hereinbefore provided, the Secretary of Agriculture is hereby authorized to enter upon and take possession of such lands and rights of ways as he may deem necessary for the purposes of this Act and to proceed with the construction of such highway over and through such lands without having first condemned the same: *Provided, however*, That within sixty days after taking possessionCondemnation after possession taken. of such lands and rights of way, if the United States and the owner or owners thereof have been unable to agree upon just compensation therefor, condemnation proceedings shall be instituted as hereinabove provided: *Provided further*, That if title to any lands or interestPossession where adverse title claimed, and construction to proceed. therein, required for the purposes of this Act, is claimed by the United States and by other persons or corporations and the controversy between the United States and such persons or corporations as to the ownership of such lands threatens delay in the construction or completion of said highway, the Secretary of Agriculture is hereby authorized to enter upon and take possession of such lands, title to which is in dispute between the United States and others, and to proceed with the construction of the highway over and through the same, while appropriate proceedings to 60Compensation to owners by proceedings in Court of Claims.determine the true ownership of such lands are pending: *And provided further*, That if such lands are finally adjudged not to belong to the United States, the owners thereof shall be entitled to recover from the United States just compensation for their lands Vol. 24, p. 505.taken for the purposes of this Act, by proceeding in accordance with provisions of the Act of March 3, 1887, commonly known as the Tucker Act. ” Approved, January 23, 1930.