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16 U.S.C. § 251jProperty retention rights of landowners; use and occupancy improvements; plan to be submitted to Secretary; approval evidenced by issuance of permit and certificate; limitation on acquisition power of Secretary

submitted 50 years ago by Pub. L. 94-578 to r/title-16-CONSERVATION · 194 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owners of land near Lake Ozette, as of January 1976, can keep their title. They must agree to let the Secretary hold a scenic easement limiting improvements. Once a plan is approved, the Secretary can't force a sale as long as the owner follows it.

Despite section 251i of this title, any individual (not corporate) owner of property next to Lake Ozette, as of January 1, 1976, may keep title to that property — as long as the owner agrees to let the Secretary acquire scenic easements or other interests that allow only the improvements the Secretary finds reasonably necessary for the owner's continued use and occupancy. Any such owner who wants to improve their property, or part of it, must submit a plan to the Secretary describing how the property will be improved and what it will be used for. If, after reviewing the plan, the Secretary decides it fits within this section's limits, the Secretary may, at their discretion, issue the owner a permit and a certificate saying so. Once that certificate is issued, and for as long as the property is kept and used in line with it, the Secretary's power to acquire that property or an interest in it without the owner's consent is suspended.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding the provisions of section 251i of this title, any noncorporate owner or owners, as of January 1, 1976, of property adjacent to Lake Ozette may retain title to such property: Provided, That such owner or owners consent to acquisition by the Secretary or 1 scenic easements or other interests that allow only those improvements that the Secretary finds to be reasonably necessary for continued use and occupancy. Any such owner or owners who elects to improve his property or a portion thereof shall submit to the Secretary a plan which shall set forth the manner in which the property is to be improved and the use to which it is proposed to be put. If, upon review of such plan, the Secretary determines that it is compatible with the limitations of this section, he in his discretion may issue a permit to such owner and a certificate to that effect. Upon issuance of any such certificate and so long as such property is maintained and used in conformity therewith, the authority of the Secretary to acquire such property or interest therein without the consent of the owner shall be suspended.

Source credit: (Pub. L. 94–578, title III, § 320(g), Oct. 21, 1976, 90 Stat. 2741.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-578 · 90 Stat. 2741

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-578 on 1976-10-21.

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