16 U.S.C. § 460aa–3 — Private land, regulations
submitted 54 years ago by Pub. L. 92-400 to r/title-16-CONSERVATION · 307 words · no verdicts yet
The Secretary must publish rules setting standards for how private land inside the recreation area can be used, subdivided, and developed, matching the area's overall plan. Landowners may challenge these rules in federal court in Idaho within six months. After the rules are published, the Secretary can only condemn private land that violates them or is needed for access, subject to the 5% acquisition limit.
(a) Use, subdivision and development standards: The Secretary must write and publish rules setting standards for how privately owned property inside the recreation area can be used, subdivided, and developed. These rules must support this law's purposes and try to ensure that private land's "highest and best" use fits both this law and the recreation area's overall plan. The rules must be as detailed and specific as reasonably needed to meet that goal, may differ from parcel to parcel, and can be changed by the Secretary over time. All rules must follow the standard federal rulemaking procedures in title 5 of the U.S. Code. Any affected landowner may challenge a rule in the U.S. District Court for the District of Idaho, by filing a complaint within six months after the rule takes effect, asking for a declaratory judgment.
(b) Condemnation restriction; acquisitions limitation: After these rules are published, the Secretary cannot condemn privately owned land unless the Secretary decides the land is being used — or is about to be used — in a way that breaks the rules, or unless the land is needed for access or development. Even then, such purchases still count against the 5 percent acquisition limit set in section 460aa–2(a).
The Secretary shall make and publish regulations setting standards for the use, subdivision, and development of privately owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this subchapter and shall have the object of assuring that the highest and best private use, subdivision, and development of such privately owned property is consistent with the purposes of this subchapter and with the overall general plan of the recreation area. Such regulations shall be as detailed and specific as is reasonably required to accomplish such objective and purpose. Such regulations may differ amongst the several parcels of private land in the boundaries and may from time to time be amended by the Secretary. All regulations adopted under this section shall be promulgated in conformity with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. The United States District Court for the District of Idaho shall have jurisdiction to review any regulations established pursuant to the first sentence of this subsection, upon a complaint filed within six months after the effective date of such regulations, by any affected landowner in an action for a declaratory judgment.
After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines, in his judgment, that such lands are being used, or are in imminent danger of being used, in a manner incompatible with the regulations established pursuant to this section or unless such lands are determined to be necessary for access or development, in which case such acquisitions shall be subject to the 5 per centum limitation established in section 460aa–2(a) of this title.
Source credit: (Pub. L. 92–400, § 4, Aug. 22, 1972, 86 Stat. 613.)
- 1972Enacted · Pub. L. 92-400 · 86 Stat. 613
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-400 on 1972-08-22.
all 0 arguments · sorted by: best
no arguments yet — make the first case