54 U.S.C. § 103304 — Recovery of land withheld
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 158 words · no verdicts yet
This section lets the United States sue to recover military park land. If a leaseholder or seller keeps land after the superintendent demands it back, the United States can sue. Anyone who withholds the land that way is guilty of trespass.
(a) Civil Action.— The United States can sue a person in U.S. courts in two situations. First: someone leased land inside a national military park, the lease ended, the park superintendent demanded the land back on the United States' behalf, and the person refuses to give it up. Second: someone sold land inside a national military park to the United States, got paid, the park superintendent demanded the land back, and the person still holds onto it. Either way, the United States can sue to recover the land. The lawsuit follows the laws of the state where the park is located.
(b) Trespass.— A person in either situation described in (a) is guilty of trespass.
The United States may bring a civil action in the courts of the United States against a person to whom land lying within a national military park has been leased that refuses to give up possession of the land to the United States after the termination of the lease, and after possession has been demanded for the United States by the park superintendent, or against a person retaining possession of land lying within the boundary of a national military park that the person has sold to the United States for park purposes and received payment therefor, after possession of the land has been demanded for the United States by the park superintendent, to recover possession of the land withheld. The civil action shall be brought according to the statutes of the State in which the national military park is situated.
A person described in subsection (a) shall be guilty of trespass.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3166.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3166
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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