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16 U.S.C. § 425aAcquisition of lands

submitted 99 years ago by ch. 127 to r/title-16-CONSERVATION · 224 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Interior Secretary can use eminent domain to acquire land for the Fredericksburg and Spotsylvania memorial. The United States gets immediate possession once it files a court petition. Landowners can instead sell directly at a reasonable price, and donations are also allowed.

The Secretary of the Interior is authorized to start condemnation proceedings — in the name of the United States, under section 3113 of title 40 — to get title to the land, land interests, or related rights within the Fredericksburg and Spotsylvania County Battle Fields Memorial that section 425 of this title authorizes him to acquire. The United States gets immediate possession as soon as it files its condemnation petition in the United States District Court for the Eastern District of Virginia. But if a landowner sets a price for their land, land interest, or related right that the commission described in section 425c of this title, along with the Secretary of the Interior, thinks is reasonable, the Secretary may just buy it directly, without further delay, instead of condemning it. The Secretary of the Interior is also authorized to accept, on behalf of the United States, donated land, land interests, or related rights needed for the memorial. And no public money may be spent to acquire title to any land until the Attorney General has given a written opinion saying the title is valid.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized to cause condemnation proceedings to be instituted in the name of the United States under the provisions of section 3113 of title 40, to acquire title to the lands, interests therein, or rights pertaining thereto within the said Fredericksburg and Spotsylvania County Battle Fields Memorial, authorized to be acquired in section 425 of this title, and the United States shall be entitled to immediate possession upon the filing of the petition in condemnation in the United States District Court for the Eastern District of Virginia: Provided, That when the owner of such lands, interests therein, or rights pertaining thereto shall fix a price for the same, which in the opinion of the commission, referred to in section 425c of this title, and the Secretary of the Interior, shall be reasonable, the Secretary may purchase the same without further delay: Provided further, That the Secretary of the Interior is authorized to accept on behalf of the United States, donations of lands, interests therein or rights pertaining thereto required for the said Fredericksburg and Spotsylvania County Battle Fields Memorial: And provided further, That no public money shall be expended for title to any lands until a written opinion of the Attorney General shall be had in favor of the validity of title thereto.

Source credit: (Feb. 14, 1927, ch. 127, § 2, 44 Stat. 1092; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Feb. 14, 1927, ch. 127 · 44 Stat. 1092

A history note hasn’t been published yet. The record shows enactment by ch. 127 on 1927-02-14.

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