16 U.S.C. § 410h — Ascertainment of owners’ election regarding reservation rights
submitted 77 years ago by ch. 659 to r/title-16-CONSERVATION · 122 words · no verdicts yet
When buying land under this law, the Secretary must try to find each owner. The goal is to learn whether the owner wants to keep reservation rights. If an owner can't be found, the Secretary may acquire the land free of reservations.
In any legal action the Secretary of the Interior starts to acquire land under sections 410e through 410h of this title, the Secretary must use reasonable diligence — meaning a genuine, thorough effort — to find out whether each landowner wants to keep a "reservation" right under those sections. A reservation right, described in section 410e, lets an owner keep certain rights in the land even after it's acquired. Sometimes, despite that reasonable effort, an owner simply cannot be located, or does not show up in the court proceeding to acquire the land. When that happens, the Secretary is not stuck waiting forever to find out the owner's wishes. Instead, the Secretary may go ahead and acquire full, unrestricted ("fee simple") title to the land — completely free of any reservations described in subsections (1) and (2) of section 410e of this title.
In any action caused by the Secretary of the Interior to be commenced for the acquisition of lands under the provisions hereof, reasonable diligence shall be exercised by him to ascertain whether owners elect to retain reservations in accordance with the provisions of sections 410e to 410h of this title. If, after the exercise of such reasonable diligence, owners cannot be located, or do not appear in judicial proceedings to acquire the lands, so that it may be ascertained whether they desire to retain reservations in accordance with the provisions hereof, the Secretary may acquire the fee simple title to their lands free and clear of reservations as set forth in subsections (1) and (2) of section 410e of this title.
Source credit: (Oct. 10, 1949, ch. 659, § 4, 63 Stat. 734.)
- 1949Enacted · Act of Oct. 10, 1949, ch. 659 · 63 Stat. 734
A history note hasn’t been published yet. The record shows enactment by ch. 659 on 1949-10-10.
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