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16 U.S.C. § 429bManassas National Battlefield Park

submitted 72 years ago by Pub. L. 96-442 to r/title-16-CONSERVATION · 608 words · no verdicts yet

in plain englishAI-generated · not legal advice

Manassas National Battlefield Park in Virginia protects land from two Civil War battles. In 1988, Congress took ownership of an extra 600 acres and must pay the former owners fairly. The park's total area is capped, and its boundaries can't be changed further.

(a) Establishment; boundaries This subsection creates the Manassas National Battlefield Park in Virginia as an official National Park System unit. It protects the historically important land connected to the two Battles of Manassas. The park cannot be larger than 4,525 acres total. Its boundaries are shown on a specific map — "Boundary Map, Manassas National Battlefield Park," dated October 1980, numbered 379/80,009 — kept on file at National Park Service offices in the Department of the Interior, where the public can see it. The Secretary had to publish a detailed written description and map of the boundaries in the Federal Register, no later than one year after this law's boundary section took effect. Even though section 100506(c) of title 54 might otherwise let the Secretary adjust boundaries, the Secretary is not allowed to change this park's boundaries. The Secretary must run the park under the same laws, rules, and regulations that apply to the National Park System generally. (b) Addition to park This subsection adds land to the park, called "the Addition." (1) The Addition is about 600 acres. It sits south of U.S. Route 29, north of Interstate 66, east of Route 705, and west of Route 622. (2)(A) As of November 10, 1988, all ownership rights to the real property in the Addition — and the right to take immediate possession of it — automatically belong to the United States. (2)(B) The United States must pay the former owners just compensation for the property it took. The government's full faith and credit backs any court judgment for this payment. The amount is whatever the owner and government negotiate, or whatever a court decides the property is worth, paid from a permanent government fund set up under section 1304 of title 31. This payment also includes interest, compounded every quarter, at a rate the Secretary of the Treasury sets based on the going market yield on similar U.S. government bonds — counted from November 10, 1988, up to the month before the payment is actually made. (2)(C) If there is no negotiated deal and the owner does not sue within one year after November 10, 1988, the Secretary may, at any later time, start a court case asking a judge to decide the just compensation. (3) Within six months after November 10, 1988, the Secretary had to publish a detailed description and map of the Addition's boundaries in the Federal Register, and keep it on file for public viewing at National Park Service offices. (c) Use of addition This subsection controls what can happen on the Addition after it became federal property. The Secretary must not allow any unauthorized use of the Addition after November 10, 1988. The one exception: the Secretary may allow existing operations there to wind down in an orderly way, and allow equipment, facilities, and personal property to be removed from the Addition.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment; boundaries

There is established as a unit of the national park system in the Commonwealth of Virginia the Manassas National Battlefield Park, which shall contain within its boundaries the important historical lands relating to the two battles of Manassas. The total area of the park shall not be greater than four thousand five hundred and twenty-five acres. The boundaries of the park shall be the boundaries depicted on the map entitled “Boundary Map, Manassas National Battlefield Park”, dated October 1980, and numbered 379/80,009, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary shall publish in the Federal Register, as soon as practicable after the date of the enactment of this Act, but no later than one year from the effective date of this section, a detailed description and map of the boundaries. Notwithstanding section 100506(c) of title 54, the Secretary may not make any changes in the boundaries of the park. The Secretary shall administer the park in accordance with laws, rules, and regulations applicable to the national park system.

(b) Addition to park
(1)

In addition to subsection (a), the boundaries of the park shall include the area, comprising approximately 600 acres, which is south of U.S. Route 29, north of Interstate Route 66, east of Route 705, and west of Route 622. Such area shall hereafter in sections 429b to 429b–5 of this title be referred to as the “Addition”.

(2)
(A)

Notwithstanding any other provision of law, effective on November 10, 1988, there is hereby vested in the United States all right, title, and interest in and to, and the right to immediate possession of, all the real property within the Addition.

(B)

The United States shall pay just compensation to the owners of any property taken pursuant to this paragraph and the full faith and credit of the United States is hereby pledged to the payment of any judgment entered against the United States with respect to the taking of such property. Payment shall be in the amount of the agreed negotiated value of such property or the valuation of such property awarded by judgment and shall be made from the permanent judgment appropriation established pursuant to 31 U.S.C. 1304. Such payment shall include interest on the value of such property which shall be compounded quarterly and computed at the rate applicable for the period involved, as determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities from November 10, 1988, to the last day of the month preceding the date on which payment is made.

(C)

In the absence of a negotiated settlement, or an action by the owner, within 1 year after November 10, 1988, the Secretary may initiate a proceeding at anytime seeking in a court of competent jurisdiction a determination of just compensation with respect to the taking of such property.

(3)

Not later than 6 months after November 10, 1988, the Secretary shall publish in the Federal Register a detailed description and map depicting the boundaries of the Addition. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(c) Use of addition

The Secretary shall not allow any unauthorized use of the Addition after November 10, 1988, except that the Secretary may permit the orderly termination of all operations on the Addition and the removal of equipment, facilities, and personal property from the Addition.

Source credit: (Apr. 17, 1954, ch. 153, § 1, 68 Stat. 56, as renumbered and amended Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1885; Pub. L. 100–647, title X, § 10002, Nov. 10, 1988, 102 Stat. 3810.)

history & why it existsrecord from the source credit
  • 1954Enacted · Pub. L. 96-442 · 68 Stat. 56
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3810

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-442 on 1954-04-17.

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