43 U.S.C. § 315q — Withdrawal of lands for war or national defense purposes; payment for cancellation of permits or licenses

submitted 84 years ago by ch. 500 to r/title-43-PUBLIC-LANDS · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

If land is needed for war or national defense, grazing permit holders who lose access get paid for their losses. The department using the land decides what's a fair amount. This payment fully settles their loss, but it doesn't create any new liability for the government.

Whenever public land or other U.S.-controlled property gets used for war or national defense and that use blocks grazing there, the people holding grazing permits or licenses — including those whose permits or licenses have been or will be canceled because of that use — must be paid. The payment comes from the funds appropriated or set aside for that defense project. The head of whichever department or agency is using the land decides what amount is fair and reasonable for the losses these people suffered. Once paid, that payment counts as full payment for those losses. This section does not create any liability against the United States that did not already exist.

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

Whenever use for war or national defense purposes of the public domain or other property owned by or under the control of the United States prevents its use for grazing, persons holding grazing permits or licenses and persons whose grazing permits or licenses have been or will be canceled because of such use shall be paid out of the funds appropriated or allocated for such project such amounts as the head of the department or agency so using the lands shall determine to be fair and reasonable for the losses suffered by such persons as a result of the use of such lands for war or national defense purposes. Such payments shall be deemed payment in full for such losses. Nothing contained in this section shall be construed to create any liability not now existing against the United States.

Source credit: (July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, § 1, 62 Stat. 277.)

history & why it existsrecord from the source credit

1942Enacted · Act of July 9, 1942, ch. 500 · 56 Stat. 654
1948Amended · Act of May 28, 1948, ch. 353 · 62 Stat. 277

A history note hasn’t been published yet. The record shows enactment by ch. 500 on 1942-07-09.

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