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40 U.S.C. § 8731 — Acquiring land for park, parkway, or playground purposes

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 350 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the National Capital Planning Commission acquire land in D.C., Maryland, and Virginia for parks, parkways, and playgrounds. D.C. land goes to the National Park Service; Maryland and Virginia land is controlled as agreed with those states. Presidential approval is required for land designated for condemnation, contracts to purchase land, and agreements with Maryland or Virginia officials.

(a) Authority To Acquire Land. The National Capital Planning Commission must acquire land it believes is necessary and desirable, in the District of Columbia and nearby parts of Maryland and Virginia, to properly develop the National Capital's park, parkway, and playground system. The Commission can only acquire land within the limits of the money appropriated for that purpose. The Commission must ask the Commission of Fine Arts for advice on which land to acquire.

(b) How Land May Be Acquired. (1) Purchase or condemnation proceeding. The Commission may buy land when it can get a price it considers reasonable, or use a condemnation proceeding when it cannot buy the land at a reasonable price. (2) Land in the District of Columbia. A condemnation proceeding for D.C. land must follow section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 571). (3) Land in Maryland or Virginia. The Commission may acquire land in those states under arrangements it agrees to with the proper state officials.

(c) Control of Land. (1) Land in the District of Columbia. Land acquired in D.C. becomes part of the D.C. park system and is controlled by the Director of the National Park Service. The Commission may assign areas suitable for playgrounds to the D.C. Mayor's control for playground purposes. (2) Land in Maryland or Virginia. This land is controlled however the Commission and the proper state officials agree.

(d) Presidential Approval Required. The President must approve: (1) the designation of land to be acquired by condemnation; (2) contracts to purchase land; and (3) agreements between the Commission and the officials of Maryland or Virginia.

the actual law source: uscode.house.gov ↗public domain
(a)Authority To Acquire Land.—

The National Capitol Planning Commission shall acquire land the Planning Commission believes is necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia for suitable development of the National Capital park, parkway, and playground system. The acquisition must be within the limits of the appropriations made for those purposes. The Planning Commission shall request the advice of the Commission of Fine Arts in selecting land to be acquired.

(b)How Land May Be Acquired.—
(1)Purchase or condemnation proceeding.—

The National Capital Planning Commission may buy land when the land can be acquired at a price the Planning Commission considers reasonable or by a condemnation proceeding when the land cannot be bought at a reasonable price.

(2)Land in the district of columbia.—

A condemnation proceeding to acquire land in the District of Columbia shall be conducted in accordance with section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 571).

(3)Land in maryland or virginia.—

The Planning Commission may acquire land in Maryland or Virginia under arrangements agreed to by the Commission and the proper officials of Maryland or Virginia.

(c)Control of Land.—
(1)Land in the district of columbia.—

Land acquired in the District of Columbia shall be a part of the park system of the District of Columbia and be under the control of the Director of the National Park Service. The National Capital Planning Commission may assign areas suitable for playground purposes to the control of the Mayor of the District of Columbia for playground purposes.

(2)Land in maryland or virginia.—

Land acquired in Maryland or Virginia shall be controlled as determined by agreement between the Planning Commission and the proper officials of Maryland or Virginia.

(d)Presidential Approval Required.—

The designation of all land to be acquired by condemnation, all contracts to purchase land, and all agreements between the National Capital Planning Commission and the officials of Maryland and Virginia are subject to the approval of the President.

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1224

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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