16 U.S.C. § 410aaa–56 — Acquisition of lands

submitted 32 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 190 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may buy, accept as a donation, or trade for land inside the preserve's boundary. Land owned by the State of California can only be gotten by donation or trade, with one exception. Privately owned land generally needs the owner's consent, unless the owner is developing it in a way that harms the preserve.

This section lets the Secretary acquire all land and land interests within the preserve's boundary by donation, purchase, or exchange, with two exceptions: (1) Land owned by the State of California, or any of its political subdivisions, may only be acquired by donation or exchange — except for land managed by the California State Lands Commission, which may also be purchased. (2) Land not owned by the State of California or its subdivisions may only be acquired with the owner's consent — unless the Secretary decides, after giving the owner written notice and a chance to comment, that the property is being developed, or is proposed to be developed, in a way that harms the preserve's integrity or doesn't fit its purposes. Even then, building, changing, repairing, improving, or replacing a single-family home is never treated as harmful to the preserve or incompatible with its purposes.

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

The Secretary is authorized to acquire all lands and interest in lands within the boundary of the preserve by donation, purchase, or exchange, except that—

(1)

any lands or interests therein within the boundary of the preserve which are owned by the State of California, or any political subdivision thereof, may be acquired only by donation or exchange except for lands managed by the California State Lands Commission; and

(2)

lands or interests therein within the boundary of the preserve which are not owned by the State of California or any political subdivision thereof may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the preserve or which is otherwise incompatible with the purposes of this part: Provided, however, That the construction, modification, repair, improvement, or replacement of a single-family residence shall not be determined to be detrimental to the integrity of the preserve or incompatible with the purposes of this part.

Source credit: (Pub. L. 103–433, title V, § 516, Oct. 31, 1994, 108 Stat. 4494.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-433 · 108 Stat. 4494

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-433 on 1994-10-31.

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