 Instead, it is permitted to exclude from the measure of just compensation any element of value attributable to the land's access or proximity to a navigable waterway.Congress responded to the Court's decision in "Rands" by enacting a statute, Section 111 of the Rivers and Harbors Act, which provides, as a matter of legislative grace, a right to compensation which the Supreme Court has declared that Congress is not constitutionally obligated to provide.Section 111 provides that the amount of just compensation paid to any landowner for land appropriated by the government must include any value attributable to the land's proximity to a navigable waterway.