What is the federal government’s policy and past record on using condemnation authority involving wild and scenic rivers?

The federal government has rarely exercised its eminent domain powers with respect to wild and scenic rivers. Of the 226 rivers in the National Wild & Scenic Rivers System as of June 2022, condemnation for fee title has been used on only four rivers. Nearly all of the federal government’s use of condemnation occurred in the early years of the Wild & Scenic Rivers Act’s implementation when the attitudinal climate was one of federal acquisition. Similarly, the use of scenic easement condemnation has also been used very rarely, and then only on seven rivers, all designated prior to 1976. (Refer to Wild and Scenic Rivers and the Use of Eminent Domain (1998).)

Interagency Wild & Scenic Rivers Council