Section 4.11
4.11. Special Rules.Federal acquisitions of certain types of property involve special valuation rules to comply with constitutional or specific statutory provisions. The special valuation rules discussed in Section 4.11.1 (Riparian Lands [Navigation Servitude]) and Section 4.11.2 (Federal Grazing Permits) arise from the general principle that the United States is not compelled to compensate “for elements of value that the Government has created, or that it might have destroyed under the exercise of governmental authority other than the power of eminent domain.”1041 In the words of Justice Jackson: “Such losses may be compensated by legislative authority, not by force of the Constitution alone.”1042 Specifically, Section 4.11.1 addresses the valuation of property involving the federal navigation servitude over waters of the United States. This section also explains special valuation requirements for partial and total acquisitions under 33 U.S.C. § 595a, which authorizes compensation for certain elements beyond what the Fifth Amendment requires.1043 Section 4.11.2 discusses the valuation of property involving federal grazing permits, which are administered primarily by the U.S. Forest Service and the Bureau of Land Management.1044 Section 4.11.3, on the other hand, discusses the application of the standard valuation rules to special types of property, guided by the principles of fairness and indemnity underlying the Fifth Amendment.1045 Valuation issues arising in inverse taking claims under the National Trails System Act and Amendments1046 are also addressed, as well as the substitute-facility form of compensation.