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16 U.S.C. § 460aaa–3Acquisition

submitted 36 years ago by Pub. L. 101-292 to r/title-16-CONSERVATION · 449 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary buy land, water, and easements inside the Grand Island National Recreation Area. Private land can only be bought with the owner's consent, unless the owner agrees to special conditions. Owners must offer land to the Secretary first before selling to anyone else.

(a) General authority: The Secretary must buy or otherwise acquire land, water, structures, or interests like easements inside the national recreation area's boundaries, to carry out this law's purposes. But the Secretary cannot buy privately owned land in the area without the owner's consent — unless the owner agrees to follow the rules in subsection (b)(1) and gives the Secretary a "right of first refusal" as described in subsection (b)(2). ("Right of first refusal" means the Secretary gets first chance to buy before the owner sells to anyone else.) The Secretary must also buy land or buildings on the mainland, but only as much as is needed for access to the recreation area and for administrative buildings. When buying land, the Secretary must give quick, careful attention to any offer to sell made by a person or organization that owns property inside the recreation area. (b) Private lands: (1) An owner of empty (unimproved) private land inside the recreation area may build vacation homes there, as long as the homes match the architectural style of other buildings in the area, following the management plan required by section 460aaa–6. (2) Before selling, trading, giving away, or otherwise transferring private land, land interests, or buildings in the recreation area, the owner must first offer them to the Secretary — at no more than fair market value. The Secretary then has 120 days to accept the offer. After accepting, the Secretary has until 45 days after the end of the following fiscal year to actually complete the purchase. The land cannot be sold to anyone else for less than the price offered to the Secretary, and if it's offered for sale again later, it must go to the Secretary first again. There's one exception: this rule doesn't apply when the property changes hands within the immediate family of the person who owned it on January 1, 1989. "Immediate family" here means the owner's spouse, siblings, children (birth or adopted), stepchildren, and direct descendants.
the actual law source: uscode.house.gov ↗public domain
(a) General authority

Subject to the provisions of section 460aaa–2(b)(8) of this title and subsection (b) of this section, the Secretary is authorized and directed to acquire by purchase, gift, exchange, or otherwise, lands, waters, structures, or interests therein, including scenic or other easements, within the boundaries of the national recreation area to further the purposes of this subchapter: Provided, That the Secretary may not acquire any privately owned lands within the national recreation area other than with the consent of the owner so long as the owner agrees to the restrictions contained in subsection (b)(1) of this section and grants the Secretary a right of first refusal as provided in subsection (b)(2) of this section. The Secretary also is authorized and directed to acquire lands or structures by such means on the mainland to the extent necessary for access to and administrative facilities for the national recreation area. In acquiring lands or structures under this subsection, the Secretary is directed to give prompt and careful consideration to any offer to sell land or structures made by an individual, organization, or any legal entity owning property within the boundaries of the national recreation area.

(b) Private lands
(1)

An owner of unimproved real property within the national recreation area may construct recreational residences that are architecturally compatible with other structures within the national recreation area, as described by the management plan developed pursuant to section 460aaa–6 of this title.

(2)

Any privately owned lands, interests in lands, or structures within the national recreation area shall not be disposed of by donation, exchange, sale, or other conveyance without first being offered at no more than fair market value to the Secretary. The Secretary shall be given a period of 120 days to accept an offer and, after such offer is accepted, a period of 45 days after the end of the fiscal year following the fiscal year in which the offer was accepted to acquire such lands, interests in lands, or structures. No such lands, interests in lands, or structures shall be sold or conveyed at a price below the price at which they have been offered for sale to the Secretary, and if such lands, interest in lands, or structures are re­offered for sale or conveyance they shall first be reoffered to the Secretary, except that this subsection shall not apply to a change in ownership of a property within the immediate family of the owner of record on January 1, 1989. For the purposes of this subsection, the term “immediate family” means, with respect to any such owner of record, the spouse, siblings, children (whether natural or adopted), stepchildren, and lineal descendants of that owner.

Source credit: (Pub. L. 101–292, § 4, May 17, 1990, 104 Stat. 187.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-292 · 104 Stat. 187

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-292 on 1990-05-17.

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