16 U.S.C. § 410kkk–4 — Private property protection
submitted 22 years ago by Pub. L. 108-387 to r/title-16-CONSERVATION · 135 words · no verdicts yet
This section protects private landowners near the park. It doesn't force them to allow public access, doesn't create new liability for injuries on their land, and doesn't change any government's power to regulate private land use there.
(a) Access to private property — Nothing in this subchapter should be read to do either of two things: (1) force a private property owner to let the public — or any federal, state, or local government — onto that owner's land; or (2) change any federal, state, or local law about public access to, or use of, private land.
(b) Liability — Just because the park* is designated here doesn't create any new legal liability for a private property owner. It also doesn't change any liability that owner might already have under some other law, if a person is hurt on that owner's private property.
(c) Recognition of authority to control land use — Nothing in this subchapter changes any federal, state, or local government's existing power to regulate how private land is used within the park's boundary.
Nothing in this subchapter shall be construed to—
require any private property owner to permit public access (including Federal, State, or local government access) to such private property; or
modify any provision of Federal, State, or local law with regard to public access to or use of private lands.
Designation of the park* shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property.
Nothing in this subchapter shall be construed to modify any authority of Federal, State, or local governments to regulate the use of private land within the boundary of the park.
Source credit: (Pub. L. 108–387, title I, § 106, Oct. 30, 2004, 118 Stat. 2236.)
- 2004Enacted · Pub. L. 108-387 · 118 Stat. 2236
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-387 on 2004-10-30.
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