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40 U.S.C. § 8732Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land adjoining park propertyreserved

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the National Capital Planning Commission acquire park land even when the seller keeps some limited rights, or acquire permanent rights over land next to a park. The Commission must find the arrangement doesn't seriously hurt the park and saves money or better protects it. The President must approve every such contract.

(a) In General. The National Capital Planning Commission may acquire, for the Federal Government, by gift, will, purchase, or condemnation: (1) full ownership of land where the seller keeps some limited rights (but not business-use rights); and (2) permanent rights over land next to park property, enough to stop certain uses of that land that would seriously hurt the value of the park. (b) Prerequisites to Acquisition. (1) Fee title to land subject to limited rights. The seller's reserved rights cannot last longer than the seller's own life. The Commission must decide that the reserved rights do not seriously hurt the permanent public park purposes the land is needed for, and that acquiring the land this way — subject to the limited rights — saves real money compared with buying the land with no rights attached. (2) Permanent rights in land adjoining park property. The Commission must decide that buying just the permanent rights, rather than the land itself, is a more economical way to protect and maintain the park's essential public values. (c) Presidential Approval Required. The President must approve every contract to acquire land or rights under this section.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The National Capital Planning Commission in accordance with this chapter may acquire, for and on behalf of the Federal Government, by gift, devise, purchase, or condemnation—

(1)

fee title to land subject to limited rights, but not for business purposes, reserved to the grantor; and

(2)

permanent rights in land adjoining park property sufficient to prevent the use of the land in certain specified ways which would essentially impair the value of the park property for its purposes.

(b)Prerequisites to Acquisition.—
(1)Fee title to land subject to limited rights.—

The reservation of rights to the grantor shall not continue beyond the life of the grantor of the fee. The Commission must decide that the permanent public park purposes for which control over the land is needed are not essentially impaired by the reserved rights and that there is a substantial saving in cost by acquiring the land subject to the limited rights as compared with the cost of acquiring unencumbered title to the land.

(2)Permanent rights in land adjoining park property.—

The Commission must decide that the protection and maintenance of the essential public values of the park can be secured more economically by acquiring the permanent rights than by acquiring the land.

(c)Presidential Approval Required.—

All contracts to acquire land or rights under this section are subject to the approval of the President.

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1225

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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