16 U.S.C. § 159g — Acquisition of lands

submitted 43 years ago by Pub. L. 97-460 to r/title-16-CONSERVATION · 825 words · no verdicts yet

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The Secretary of the Interior can buy land for Saratoga park by donation, purchase, or exchange. Owners generally must agree to sell, except in narrow cases, and get first refusal rights before selling elsewhere. Some owners can keep living on their land for years after selling it.

(a) Manner; limitations: Except as subsection (b) allows, the Secretary of the Interior may acquire land and interests in land within the park's boundary by donation, purchase (with donated or appropriated money), or exchange. The Secretary generally cannot acquire full ownership (except by donation) of land the map marks for "less than fee" acquisition — except for one specific tract (numbered 01–132), which section 159e already authorized buying. The map showing all this stays on file for public inspection at the National Park Service. (b) Conditions for forced sale; right of first refusal: (1) The government generally cannot use appropriated funds to buy land in the park without the owner's consent. There are two exceptions: (A) the Secretary determines the owner is damaging, or about to damage, the property's value as part of the park; or (B) the owner doesn't follow paragraph (2)'s notice rules. If (A) applies, the Secretary must immediately notify the owner in writing. If the owner then stops the damaging activity, the Secretary must first try to negotiate a solution before using forced-acquisition power. (2) If an owner plans to transfer park land to anyone outside their immediate family, they must notify the Secretary in writing first. The Secretary then has 45 days to respond about whether the government wants to exercise a right of first refusal to buy the property. If the Secretary doesn't respond, or says no, within 45 days, the owner is free to transfer the land. If the Secretary does express interest within 45 days, the Secretary then has 90 days to start the purchase — if the Secretary misses that window, the owner can go ahead and transfer the land anyway. "Immediate family" here means a spouse, sibling, parent, or child — including through adoption, and treating a stepchild the same as a birth child. (c) Exception: Subsection (b) doesn't apply to tract number 01–142. (d) Notification by owner of intended actions: If a property owner within the park wants to take some action with their property, they can ask the Secretary, in writing, for a determination on whether that action would trigger the forced-sale rule in subsection (b)(1)(A). The Secretary must then promptly issue the owner a certificate exempting them from condemnation for any proposed action the Secretary finds compatible with the park's purposes. (e) Limited right of retention; calculation of payment: (1) If an owner's improved property is used purely for noncommercial residential purposes, or for compatible agricultural use, the owner may keep a right to use and live on the property even after the Secretary acquires it. This right lasts up to 25 years, or, if the owner prefers, until the owner dies. The Secretary pays the owner the property's fair market value minus the value of the right the owner keeps. (2) Except for tract 01–142, this retained-use right doesn't apply to property the Secretary determines is needed for the park's administration, development, access, or public use. (f) Rapid acquisition: Any owner within the park who wants the Secretary to buy their land can notify the Secretary in writing. Congress intends that, once notified — and as long as the purchase happens at fair market value on terms acceptable to the Secretary — the Secretary should try to complete the purchase within six months of getting the owner's notice.

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

(a) Manner; limitations

Except as provided in subsection (b), within the boundary of the park, the Secretary of the Interior (hereinafter in this Act referred to as the “Secretary”), is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, or exchange. Except for the tract identified on the aforesaid map as tract number 01–132, which was authorized to be acquired by section 159e of this title, the Secretary may not acquire (except by donation) fee simple title to those lands depicted on the map as proposed for less than fee acquisition. The map shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior.

(b) Conditions for forced sale; right of first refusal

(1)

Appropriated funds may not be used to acquire lands or interests therein within the park without the consent of the owner except when—

(A)

the Secretary determines that such owner is subjecting, or is about to subject, the property to actions which would significantly degrade its value as a component of the park; or

(B)

the owner fails to comply with the provisions of paragraph (2).

The Secretary shall immediately notify the owner in writing of any determination under subparagraph (A). If the owner immediately ceases the activity subject to such notification, the Secretary shall attempt to negotiate a mutually satisfactory solution prior to exercising any authority provided by subsection (a) of this section.

(2)

If an owner of lands or interests therein within the park intends to transfer any such lands or interest to persons other than the owner’s immediate family, the owner shall notify the Secretary in writing of such intention. Within forty-five days after receipt of such notice, the Secretary shall respond in writing as to his interest in exercising a right of first refusal to purchase fee title or lesser interests. If, within such forty-five days, the Secretary declines to respond in writing or expresses no interest in exercising such right, the owner may proceed to transfer such interests. If the Secretary responds in writing within such forty-five days and expresses an interest and intention to exercise a right of first refusal, the Secretary shall initiate an action to exercise such right within ninety days after the date of the Secretary’s response. If the Secretary fails to initiate action to exercise such right within such ninety days, the owner may proceed to otherwise transfer such interests. As used in this subsection with respect to a property owner, the term “immediate family” means the spouse, brother, sister, parent, or child of such property owner. Such term includes a person bearing such relationships through adoption and a stepchild shall be treated as a natural born child for purposes of determining such relationship.

Subsection (b) shall not apply with respect to tract number 01–142.

(d) Notification by owner of intended actions

When an owner of property within the park desires to take an action with respect to his property, he shall request, in writing, a prompt written determination from the Secretary as to the likelihood of such action provoking a determination by the Secretary under the provisions of subsection (b)(1)(A). The Secretary is thereupon directed to promptly issue such owner a certificate of exemption from condemnation for such actions proposed by the owner which the Secretary determines to be compatible with the purposes of the park.

(e) Limited right of retention; calculation of payment

(1)

An owner of improved property which is used solely for noncommercial residential purposes, or for commercial agricultural purposes found to be compatible with the General Management Plan, on the date of its acquisition by the Secretary may retain, as a condition of such an acquisition, a right of use and occupancy of the property for such residential or agricultural purposes. The right retained may be for a definite term which shall not exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value, of the term retained by the owner.

(2)

Except for tract number 01–142, paragraph (1) shall not apply to property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use.

(f) Rapid acquisition

Any owner of lands or interests therein within the park who desires to have such lands or interests acquired by the Secretary may notify the Secretary in writing of such desire. It is the intention of the Congress that, upon receipt of such notification, and on the condition that such acquisition will transpire at fair market value and in accordance with other conditions acceptable to the Secretary, the Secretary shall endeavor to acquire such lands or interests therein within six months of the date of receipt of such notice from the owner.

Source credit: (Pub. L. 97–460, § 2, Jan. 12, 1983, 96 Stat. 2520.)

history & why it existsrecord from the source credit

1983Enacted · Pub. L. 97-460 · 96 Stat. 2520

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-460 on 1983-01-12.

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