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16 U.S.C. § 79eExchange of property; cash equalization payments; commercial operations, minimum economic dislocation and disruption

submitted 58 years ago by Pub. L. 90-545 to r/title-16-CONSERVATION · 228 words · no verdicts yet

in plain englishAI-generated · not legal advice

When trading for private land inside or near the park, the Secretary can give federal land from the Bureau of Land Management or a nearby federal purchase area in exchange, instead of or along with cash. If the traded properties aren't worth the same amount, whoever owes the difference pays it in cash. The Secretary must try to minimize harm to the landowner's business.

When the Secretary trades property to get land for the park, the Secretary can accept ownership of any non-federal land inside the park's boundaries, and of certain non-federal land just outside those boundaries too. Despite any other law, the Secretary can offer, in trade, federal land controlled by the Bureau of Land Management in California — as long as it isn't land the government still needs for public use — or federal land in the Northern Redwood Purchase Unit in Del Norte County, except for the roughly 935-acre Yurok Experimental Forest. This federal land can also be used, instead of or along with cash, to pay the fair compensation owed for land taken under section 79c(b). The properties being traded should be worth about the same; if they aren't, whichever side owes the difference pays it in cash. Whenever the Secretary uses this trading power, the Secretary must try, as much as possible, to avoid disrupting the landowner's business and to minimize economic harm to them.
the actual law source: uscode.house.gov ↗public domain

In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the park, and outside of such boundaries within the limits prescribed in this subchapter. Notwithstanding any other provision of law, the Secretary may acquire such property from the grantor by exchange for any federally owned property under the jurisdiction of the Bureau of Land Management in California, except property needed for public use and management, which he classifies as suitable for exchange or other disposal, or any federally owned property he may designate within the Northern Redwood Purchase Unit in Del Norte County, California, except that section known and designated as the Yurok Experimental Forest, consisting of approximately nine hundred and thirty-five acres. Such federally owned property shall also be available for use by the Secretary in lieu of, or together with, cash in payment of just compensation for any real property taken pursuant to section 79c(b) of this title. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the value shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. Through the exercise of his exchange authority, the Secretary shall, to the extent possible, minimize economic dislocation and the disruption of the grantor’s commercial operations.

Source credit: (Pub. L. 90–545, § 5, Oct. 2, 1968, 82 Stat. 933.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-545 · 82 Stat. 933

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-545 on 1968-10-02.

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