Case 25

United States ex rel. Tennessee Valley Authority v. Three Tracts of Land, 415 F. Supp. 586 (E.D. Tenn. 1976).

The United States filed a complaint and declaration of taking on behalf of the Tennessee Valley Authority. Defendants asserted that the Government's noncompliance with Section 106 of the National Historic Preservation Act (NHPA) and Executive Order No. 11593 invalidated the taking.

The court rejected this argument, finding that Section 106 and Executive Order No. 11593 impose duties on a Federal agency that arise once the agency obtains ownership or control of property. Because condemnation is a means to acquire property and neither NHPA nor Executive Order No. 11593 limits an agency's authority to acquire property through condemnation, the court held that neither law operates as a defense to a condemnation action. 415 F. Supp. at 588.

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