43 U.S.C. § 390ii — Disposition of excess lands

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 773 words · no verdicts yet

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Landowners who hold more farmland than federal limits allow cannot receive government irrigation water for the extra acres. They must instead sign a recordable contract promising to sell that excess land within a set deadline. This section sets those deadlines, extension rules, and conditions for regaining water eligibility after sale.

(a) Disposal of lands in excess of ownership limitations within reasonable time: Reclamation project water cannot be delivered to irrigate land that an owner holds beyond the ownership limits set by federal reclamation law, including this subchapter. Water can only reach that land once the owner has signed a "recordable contract" with the Secretary. That contract must require the owner to sell the excess land within a reasonable time set by the Secretary. For contracts signed before October 12, 1982, that time cannot be more than ten years after the Secretary signs the contract. For contracts signed after October 12, 1982, that time cannot be more than five years — except as allowed under section 390rr. (b) Continued delivery of irrigation water to lands held in excess of ownership limitations: Land that already held more than the ownership limit on October 12, 1982, and that was getting or could get irrigation water from existing reclamation facilities, may keep receiving that water only if: (1) an existing recordable contract already requires the owner to sell the excess land, or (2) the owner has asked the Secretary to set up a recordable contract. (c) Amendment of existing recordable contracts: Recordable contracts that existed on October 12, 1982, must be changed, if the landowner asks, to match the ownership limits in this subchapter. But the deadline for selling the excess land in the existing contract cannot be pushed later, except as allowed in subsection (e). (d) Power of attorney requirement in contracts; exercise of power by Secretary: Every recordable contract covering excess-land sales must give the Secretary power of attorney to sell any excess land the owner hasn't sold by the contract deadline. When the Secretary sells such land, the sale must go through a fair, impartial selection process open only to qualified buyers, following reasonable rules the Secretary sets. The Secretary must get the owner the land's fair market value — not counting any value added by irrigation water deliveries — plus the fair market value of any improvements on it. (e) Extension of time for disposal of excess lands: If an owner signed a recordable contract to sell excess land, but the Secretary held up approval of the sale (whether by court order or another reason), the deadline for selling the land is extended. The new deadline starts when the Secretary resumes processing the sale, and it lasts as long as the time that was still left on the original contract deadline when the Secretary first stopped processing it. (f) Eligibility of excess lands for irrigation water after disposition: Excess land that has been properly sold off is only eligible for irrigation water if: (1) the new owner does not hold excess land, and (2) for sales made after October 12, 1982, the land's title carries a ten-year covenant. That covenant bars selling the land, during those ten years, for more than the value of new improvements plus the value added by ordinary market appreciation (not value added by irrigation water). Once the ten years pass, this sale-price limit no longer applies, even though section 423e might otherwise impose one.

the actual law source: uscode.house.gov ↗public domain

(a) Disposal of lands in excess of ownership limitations within reasonable time

Irrigation water made available in the operation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the disposal of their interest in such excess lands within a reasonable time to be established by the Secretary. In the case of recordable contracts entered into prior to October 12, 1982, such reasonable time shall not exceed ten years after the recordable contract is executed by the Secretary. In the case of recordable contracts entered into after October 12, 1982, except as provided in section 390rr of this title, such reasonable time shall not exceed five years after the recordable contract is executed by the Secretary.

(b) Continued delivery of irrigation water to lands held in excess of ownership limitations

Lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, which, on October 12, 1982, are, or are capable of, receiving delivery of irrigation water made available by the operation of existing reclamation project facilities may receive such deliveries only—

(1)

if the disposal of the owner’s interest in such lands is required by an existing recordable contract with the Secretary, or

(2)

if the owners of such lands have requested that a recordable contract be executed by the Secretary.

Recordable contracts existing on October 12, 1982, shall be amended at the request of the landowner to conform with the ownership limitations contained in this subchapter: Provided, That the time period for disposal of excess lands specified in the existing recordable contract shall not be extended except as provided in subsection (e).

(d) Power of attorney requirement in contracts; exercise of power by Secretary

Any recordable contract covering excess lands sales shall provide that a power of attorney shall vest in the Secretary to sell any excess lands not disposed of by the owners thereof within the period of time specified in the recordable contract. In the exercise of that power, the Secretary shall sell such lands through an impartial selection process only to qualified purchasers according to such reasonable rules and regulations as the Secretary may establish: Provided, That the Secretary shall recover for the owner the fair market value of the land unrelated to irrigation water deliveries plus the fair market value of improvements thereon.

(e) Extension of time for disposal of excess lands

In the event that the owner of any lands in excess of the ownership limitations of Federal reclamation law has heretofore entered into a recordable contract with the Secretary for the disposition of such excess lands and has been prevented from disposing of them because the Secretary may have withheld the processing or approval of the disposition of the lands (whether he may have been compelled to do so by court order or for other reasons), the period of time for the disposal of such lands by the owner thereof pursuant to the contract shall be extended from the date on which the Secretary again commences the processing or the approval of the disposition of such lands for a period which shall be equal to the remaining period of time under the recordable contract for the disposal thereof by the owner at the time the decision of the Secretary to withhold the processing or approval of such disposition first became effective.

(f) Eligibility of excess lands for irrigation water after disposition

Excess lands which have been or may be disposed of in compliance with Federal reclamation law, including this subchapter, shall not be considered eligible to receive irrigation water unless—

(1)

they are held by nonexcess owners; and

(2)

in the case of disposals made after October 12, 1982, their title is burdened by a covenant prohibiting their sale, for a period of ten years after their original disposal to comply with Federal reclamation law, including this subchapter, for values exceeding the sum of the value of newly added improvements and the value of the land as increased by market appreciation unrelated to the delivery of irrigation water. Upon expiration of the terms of such covenant, the title to such lands shall be freed of the burden of any limitations on subsequent sale values which might otherwise be imposed by the operation of section 423e of this title.

Source credit: (Pub. L. 97–293, title II, § 209, Oct. 12, 1982, 96 Stat. 1267.)

history & why it existsrecord from the source credit

1982Enacted · Pub. L. 97-293 · 96 Stat. 1267

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-293 on 1982-10-12.

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