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43 U.S.C. § 390nnTrusts

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 154 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal ownership and pricing limits don't apply to land held in trust for beneficiaries within those limits. A revocable trust's land counts as the grantor's if revoking it would return the land to them. The same is true if the trust ends after a set time and reverts land to the grantor.

(a) The ownership and full-cost pricing limits of this subchapter, and the ownership limits found anywhere else in federal reclamation law, do not apply to land in a district that an individual or corporate trustee holds in trust for one or more beneficiaries — as long as those beneficiaries' interests in the land stay within federal reclamation law's ownership and pricing limits. (b) Land placed in a revocable trust is treated as belonging to the person who created the trust (the grantor) if either of these is true: (1) the grantor can revoke the trust at will, and doing so would send the land's title back to the grantor, directly or indirectly; or (2) the trust automatically ends after a set period of time, and that ending sends the land's title back to the grantor, directly or indirectly.
the actual law source: uscode.house.gov ↗public domain
(a)

The ownership and full cost pricing limitations of this subchapter and the ownership limitations provided in any other provision of Federal reclamation law shall not apply to lands in a district which are held by an individual or corporate trustee in a fiduciary capacity for a beneficiary or beneficiaries whose interests in the lands served do not exceed the ownership and pricing limitations imposed by Federal reclamation law, including this subchapter.

(b)

Lands placed in a revocable trust shall be attributable to the grantor if—

(1)

the trust is revocable at the discretion of the grantor and revocation results in the title to such lands reverting either directly or indirectly to the grantor; or

(2)

the trust is revoked or terminated by its terms upon the expiration of a specified period of time and the revocation or termination results in the title to such lands reverting either directly or indirectly to the grantor.

Source credit: (Pub. L. 97–293, title II, § 214, Oct. 12, 1982, 96 Stat. 1270; Pub. L. 100–203, title V, § 5302(b), Dec. 22, 1987, 101 Stat. 1330–269.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-293 · 96 Stat. 1270
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330

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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