16 U.S.C. § 486 — Exchange of lands in national forests; reservations of timber, minerals, or easements

submitted 104 years ago by ch. 105 to r/title-16-CONSERVATION · 200 words · no verdicts yet

in plain englishAI-generated · not legal advice

In a national-forest land exchange, either side may hold back timber, minerals, or easements. Those reserved values must be factored into the overall value of the exchanged land. Mineral rights holders can access the surface to mine, but must pay the landowner for any damage.

In an exchange of lands under section 485 of this title, either party to the exchange may reserve timber, minerals, or easements for itself, and the value of what's reserved must be duly considered when figuring the value of the exchanged lands. Where reservations are made in land conveyed to the United States, the right to use them is subject to reasonable conditions the Secretary of Agriculture sets for getting to and from the land and using its surface. Where mineral reservations are made in land the United States conveys away, the patent (the deed) must say so, and anyone who acquires the right to mine and remove the reserved minerals may enter and occupy as much of the surface as is needed for all purposes tied to mining and removing them — and may mine and remove those minerals — but must pay the surface owner for any damage caused to the land and its improvements. All property, rights, easements, and benefits that owners of land conveyed to the United States are authorized under this section to retain or reserve stay subject to the tax laws of the state where the land is located.

the actual law source: uscode.house.gov ↗public domain

Either party to an exchange may make reservations of timber, minerals, or easements, the values of which shall be duly considered in determining the values of the exchanged lands. Where reservations are made in lands conveyed to the United States the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of Agriculture; where mineral reservations are made in lands conveyed by the United States it shall be so stipulated in the patents, and that any person who acquires the right to mine and remove the reserved deposits may enter and occupy so much of the surface as may be required for all purposes incident to the mining and removal of the minerals therefrom, and may mine and remove such minerals upon payment to the owner of the surface for damages caused to the land and improvements thereon. All property, rights, easements, and benefits authorized by this section to be retained by or reserved to owners of lands conveyed to the United States shall be subject to the tax laws of the States where such lands are located.

Source credit: (Mar. 20, 1922, ch. 105, § 2, as added Feb. 28, 1925, ch. 375, 43 Stat. 1090.)

history & why it existsrecord from the source credit

1922Enacted · Act of Mar. 20, 1922, ch. 105 · 43 Stat. 1090

A history note hasn’t been published yet. The record shows enactment by ch. 105 on 1922-03-20.

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