16 USC 410t - Acquisition and transfer of lands; private owner’s retention of right of use and occupancy

U.S Code last checked for updates: Nov 22, 2024

§ 410t.

Acquisition and transfer of lands; private owner’s retention of right of use and occupancy

(a)

Acquisition of lands; administrative jurisdiction of Federal lands; notice in Federal Register

(b)

Transfer of lands

(c)

Exceptions and limitations to authorization to acquire lands; condemnation

The Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, lands or interests in lands within the areas included within the boundaries of the park pursuant to amendments made by the Minute Man National Historical Park Amendments of 1991 (hereinafter referred to as “1991 additions”), except that—

(1)

lands, and interests in lands, within the 1991 additions which are owned by the State of Massachusetts or any political subdivision thereof, may be acquired only by donation, and

(2)

lands, and interests in lands, within the 1991 additions which are used for noncommercial residential purposes as of July 1, 1991, may be acquired only with the consent of the owner thereof unless the property is being developed, or is proposed to be developed, in a manner which the Secretary determines to be detrimental to the scenic, historical, cultural, and other values of the park.

Nothing in paragraph (2) shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances for any lands within the 1991 additions. Not later than 6 months after October 24, 1992, and after notice and opportunity for public comment, the Secretary of the Interior shall publish specific guidelines for making determinations under paragraph (2). Such guidelines shall provide for (A) written notice to the Secretary prior to commencement of any proposed development on the lands referred to in paragraph (2), (B) written notice by the Secretary to the owner of such lands of any determination proposed to be made under paragraph (2), and (C) a reasonable opportunity for the owner to comment on such proposed determination.

(d)

Private owner’s retention of right of use and occupancy

(1)

Any individual who owns private property acquired by the Secretary under subsection (c) may, on the date of such acquisition and as a condition of such acquisition, retain for himself and his successors or assigns, a right of use and occupancy of the property for a definite term of not more than 25 years from the date of acquisition by the Secretary or a term ending at the death of the owner or the owner’s spouse, whichever is later. The owner shall elect the term to be reserved.

(2)

Unless the property is wholly or partially donated, the Secretary shall pay to the owner reserving a right of use and occupancy under this subsection the fair market value of the property on the date of its acquisition, less the fair market value on that date of the right retained by the owner.

(3)

For purposes of applying this subsection, ownership shall be determined as of July 1, 1991.

(Pub. L. 86–321, § 2, Sept. 21, 1959, 73 Stat. 591; Pub. L. 102–488, § 2(3)[(2)], Oct. 24, 1992, 106 Stat. 3135.)

cite as: 16 USC 410t