Appropriation for highway purposes of lands or interests in lands owned by the United States
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
Frequently CitedTop 13% most-cited · cited by 17 decisions
17
Citing decisions
6+
Courts citing
Citations by decade
2
3
1
5
3
3
1960s1970s1980s1990s2000s2010s
Courts citing this statute
Most recently cited by10
- 2016Alaska Department of Natural Resources v. United States 9th Cir.
- 2013Ahtna, Inc. v. State, Department of Transportation & Public Facilities Alaska
- 2010Miccosukee Tribe of Indians v. United States 11th Cir.
- 2008Miccosukee Tribe of Indians v. United States S.D. Fla.
- 2008Miccosukee Tribe of Indians of Florida v. United States S.D. Fla.
- 2001Alaska v. Norton D. Alaska
- 1999Alaska v. Babbitt 9th Cir.
- 1998Hells Canyon Preservation Council v. Jacoby D. Or.
- 1995Alaska v. Babbitt 9th Cir.
- 1994Alaska v. Babbitt 9th Cir.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
If the Secretary determines that any part of the lands or interests in lands owned by the United States is reasonably necessary for the right-of-way of any highway, or as a source of materials for the construction or maintenance of any such highway adjacent to such lands or interests in lands, the Secretary shall file with the Secretary of the Department supervising the administration of such lands or interests in lands a map showing the portion of such lands or interests in lands which it is desired to appropriate. If within a period of four months after such filing, the Secretary of such Department shall not have certified to the Secretary that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State transportation department, or its nominee, for such purposes and subject to the conditions so specified. If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State transportation department to the Secretary and such lands or materials shall immediately revert to the control of the Secretary of the Department from which they had been appropriated. The provisions of this section shall apply only to projects constructed on a Federal-aid highway or under the provisions of chapter 2 of this title. (Source: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 916; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 112–141, div. A, title I, § 1104(c)(6), July 6, 2012, 126 Stat. 427.))