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16 U.S.C. § 47ePurchase of private lands for park authorized

submitted 89 years ago by ch. 469 to r/title-16-CONSERVATION · 255 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can buy specific private land in California for Yosemite National Park, at a fair price. If the owner won't sell, the Secretary can use condemnation instead. Once the United States owns the land, it becomes part of the park, but no valid existing rights are affected.

This section authorizes the Secretary of the Interior to acquire specific privately owned land in California, listed by section, lot, and quarter-section, across several townships in Mount Diablo meridian. The Secretary's first option is to buy the land by purchase, at a price the Secretary considers reasonable, whenever purchase is possible. If purchase is not possible, the Secretary may instead use condemnation, under the authority of section 3113 of title 40. Funding for this comes from any fund or money available for this purpose as of July 9, 1937 — except that money cannot come from the Treasury's general fund. Once the United States has full ownership ("title") to this private land, that land is added to Yosemite National Park and becomes subject to all laws and regulations that apply to the park. The section closes with a protection: nothing in this section, or in section 47f of this title, changes any valid rights that already exist.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized to acquire, by purchase when purchaseable 1 at prices deemed by him reasonable—otherwise by condemnation under the provisions of section 3113 of title 40, on behalf of the United States under any fund or moneys available for such purpose, on July 9, 1937, except from the general fund of the Treasury, any of the following-described lands in the State of California now in private ownership, to wit: Section 25, lots 3, 4, 5, 8, and 9, section 34, northeast quarter, southeast quarter of the northwest quarter, lots 1 to 10, inclusive, section 35, section 36, township 1 south, range 19 east; southeast quarter northwest quarter, east half southwest quarter, southeast quarter, lots 2, 3, and 4, section 30, section 31, township 1 south, range 20 east; sections 1, 2, and 3, east half section 10, sections 11 and 12, north half section 14, northeast quarter section 15, township 2 south, range 19 east; southeast quarter northwest quarter, east half southwest quarter, lots 3 to 7, inclusive, section 6, township 2 south, range 20 east, Mount Diablo meridian.

When title to the aforesaid privately owned lands has been vested in the United States, all of the lands described in this section shall be added to and become a part of the Yosemite National Park and shall be subject to all laws and regulations applicable thereto: Provided, That nothing in this section or section 47f of this title shall be construed to affect any valid existing rights.

Source credit: (July 9, 1937, ch. 469, §§ 1, 2, 50 Stat. 485, 486.)

history & why it existsrecord from the source credit
  • 1937Enacted · Act of July 9, 1937, ch. 469 · 50 Stat. 485, 486

A history note hasn’t been published yet. The record shows enactment by ch. 469 on 1937-07-09.

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