Current as of: February 2010 (a) Authority of Secretary; manner of acquisition; procedure for
lands partly within designated area
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer funds, transfer from any
Federal agency, or exchange lands and interests therein for the
purposes of this subchapter. When an individual tract of land is
only partly within the area designated, the Secretary may acquire
the entire tract by any of the above methods to avoid the payment
of severance costs. Land so acquired outside the designated area
may be exchanged by the Secretary for non-Federal lands within such
area, and any portion of the land not utilized for such exchanges
may be disposed of in accordance with the provisions of the Federal
Property and Administrative Services Act of 1949.
(b) Sale offers; hardship from delay; time and manner of purchase
In exercising his authority to acquire property under this
subchapter, the Secretary shall give immediate and careful
consideration to any offer made by an individual owning property
within the lakeshore to sell such property to the Secretary. An
individual owning property within the lakeshore may notify the
Secretary that the continued ownership by such individual of that
property would result in hardship to him, and the Secretary shall
immediately consider such evidence and shall within one year
following the submission of such notice, subject to the
availability of funds, purchase such property offered for a price
which does not exceed its fair market value.
(c) State donations; transfer from Federal agency to administrative
jurisdiction of Secretary
Any property or interests therein, owned by the State of Michigan
or any political subdivisions thereof, may be acquired only by
donation. Notwithstanding any other provision of law, any property
owned by the United States on October 21, 1970, located within such
area may, with the concurrence of the agency having custody
thereof, be transferred without consideration to the administrative
jurisdiction of the Secretary for use by him in carrying out the
provisions of this subchapter.
(d) Initiation of condemnation proceedings subsequent to failure of
Secretary to negotiate for purchase of property; certificate of
compliance with negotiation procedure
With respect to that property which the Secretary is authorized
to acquire by condemnation under the terms of this subchapter, the
Secretary shall initiate no condemnation proceedings until after he
has made every reasonable effort to acquire such property by
negotiation and purchase. The certificate of the determination by
the Secretary or his designated representative that there has been
compliance with the provisions of this subsection and of subsection
(b) of this section shall be prima facie evidence of such
compliance.
(e) Condemnation to acquire clear, marketable, and encumbrance-free
title
Nothing in this subchapter shall be construed to prohibit the use
of condemnation as a means of acquiring a clear and marketable
title, free of any and all encumbrances. Legislative History ________________________________________________________________________
U.S. Code Provisions: Parks and Conservation AreasState Laws: Parks and Conservation Areas| Alabama | Alabama Code > Title 9 > Chapter 14 - State Parks | | Alabama Code > Title 9 > Chapter 14A - Alabama Public Recreational And Historical Facilities Improvement Act | | Alabama Code > Title 9 > Chapter 14B - Gulf State Park Improvement Act | | Alabama Code > Title 9 > Chapter 14C - Red Mountain Greenway And Recreational Area Commission | | Alaska | Alaska Statutes Chapter 41.21 - Parks And Recreational Facilities | | Arizona | Arizona Laws > Title 41 > Chapter 3 > Article 1 - Arizona State Parks Board Heritage Fund | | Arizona Laws > Title 41 > Chapter 3 > Article 1.1 - Arizona State Parks Board | | Arizona Laws > Title 41 > Chapter 3 > Article 1.3 - Establishment of Parkways and Historical and Scenic Roadways | | California | California Fish and Game Code > Division 7 - Refuges | | California Government Code > Title 7.41 - Tahoe Conservancy Agency Compact | | California Government Code > Title 7.42 - California Tahoe Conservancy | | California Public Resources Code > Division 1 > Chapter 1 - Department Of Parks And Recreation | | California Public Resources Code > Division 5 - Parks And Monuments | | California Public Resources Code > Division 5.8 > Chapter 2 - California Wildlife, Coastal,And Park Land Conservation Program | | California Public Resources Code > Division 7 - Kapiloff Land Bank Act | | California Public Resources Code > Division 7.5 - Arroyo Seco Parklands | | California Public Resources Code > Division 7.7 - School Land Bank Act | | California Public Resources Code > Division 19 - Suisun Marsh Preservation | | California Public Resources Code > Division 19.5 - Delta Protection Act Of 1992 | | California Public Resources Code > Division 22.7 - Baldwin Hills Conservancy Act | | California Public Resources Code > Division 22.8 - San Gabriel And Lower Los Angeles Rivers And Mountains Conservancy | | California Public Resources Code > Division 22.9 - San Diego River Conservancy | | California Public Resources Code > Division 23 - Santa Monica Mountains Conservancy | | California Public Resources Code > Division 23.3 - Sierra Nevada Conservancy | | California Public Resources Code > Division 23.5 - Coachella Valley Mountains Conservancy | | California Public Resources Code > Division 26 - Santa Clara County Open-Space Authority | | California Public Resources Code > Division 28 - Natural Heritage Preservation Tax Credit Act Of 2000 | | Connecticut | Connecticut General Statutes > Title 23 - Parks, Forests and Public Shade Trees | | Delaware | Delaware Code Title 7 > Chapter 47 - State Parks | | Delaware Code Title 9 > Chapter 7 - Park Districts | | Florida | Florida Statutes > Chapter 258 - State Parks and Preserves | | Florida Statutes > Chapter 259 - Land Acquisitions for Conservation Or Recreation | | Florida Statutes > Chapter 260 - Florida Greenways and Trails Act | | Florida Statutes > Chapter 369 > Part III - Wekiva Parkway and Protection Act | | Florida Regulations > Chapter 18-18 - Biscayne Bay Aquatic Preserve | | Florida Regulations > Chapter 18-20 - Florida Aquatic Preserves | | Florida Regulations Chapter 62D-2 - Operation of Division Recreation Areas and Facilities | | Florida Regulations Chapter 62D-5 - Financial Assistance for Outdoor Recreation | | Florida Regulations Chapter 62S-1 - Florida Greenways and Trails Program | | Florida Regulations Chapter 62S-2 - Recreational Trails Program | | Florida Regulations Chapter 62S-3 - Operations, Activities and Recreation On Lands Under the Management of the Office of Greenways and Trails | | Florida Regulations Chapter 68A-17 - Wildlife and Environmental Areas | | Florida Regulations Chapter 68A-18 - Wildlife Refuges | | Florida Regulations Chapter 68A-19 - Bird Sanctuaries Or Colonial Nesting Sites | | Florida Regulations Chapter 68A-20 - Fish Management Areas | | Florida Regulations Chapter 68A-22 - Miscellaneous Areas | | Hawaii | Hawaii Revised Statutes > Chapter 6K - Kaho‘olawe Island Reserve | | Hawaii Revised Statutes > Chapter 115 - Public Access to Coastal and Inland Recreational Areas | | Idaho | Idaho Code Title 67 > Chapter 42 - State Parks | | Idaho Code Title 67 > Chapter 43 - Preservation Of Certain Lakes As Health Resorts And Recreation Places | | Idaho Code Title 67 > Chapter 44 - Lava Hot Springs | | Illinois | Illinois Compiled Statutes > 65 ILCS 105 - Shore Lands for Park Use Act | | Illinois Compiled Statutes > Chapter 70 > Park | | Illinois Compiled Statutes > Chapter 70 > Trail | | Illinois Compiled Statutes > 525 ILCS 30 - Illinois Natural Areas Preservation Act | | Illinois Compiled Statutes > 525 ILCS 33 - Illinois Open Land Trust Act | | Illinois Compiled Statutes > 525 ILCS 35 - Open Space Lands Acquisition and Development Act | | Indiana | Indiana Code > Title 14 > Article 19 - State Parks And Recreation Areas | | Indiana Code > Title 14 > Article 31 - Nature Preserves | | Iowa | Iowa Code Chapter 308 - Mississippi river parkway | | Iowa Code Chapter 461A - Public lands and waters | | Iowa Code Chapter 461B - Use of state waters by nonresidents | | Iowa Code Chapter 463C - Honey creek park development | | Iowa Code Chapter 465A - Open space lands | | Iowa Code Chapter 465B - Recreation trails | | Iowa Code Chapter 465C - State preserves | | Kansas | Kansas Statutes > Chapter 12 > Article 13 - Parks, Public Squares And Market Squares | | Kansas Statutes > Chapter 13 > Article 13 - Parks, Parkways, Boulevards And Playgrounds | | Kansas Statutes > Chapter 15 > Article 9 - Public Parks | | Kansas Statutes > Chapter 19 > Article 28 - Parks, Museums, Lakes And Recreational Grounds | | Kansas Statutes > Chapter 58 > Article 32 - Land And Water Recreational Areas | | Kansas Statutes > Chapter 74 > Article 45 - State Park And Resources Authority | | Kansas Statutes > Chapter 74 > Article 66 - Natural And Scientific Area Preserves; Advisory Board | | Kansas Statutes > Chapter 80 > Article 9 - Public Parks And Cemeteries | | Louisiana | Louisiana Revised Statutes > Title 56 > Chapter 6 - Parks | | Maine | Maine Revised Statutes > Title 12 > Chapter 202-A - The Public Trust In Intertidal Land | | Maine Revised Statutes > Title 12 > Chapter 202-D - Designated Lands | | Maine Revised Statutes > Title 12 > Chapter 209 - National Forests And Parks | | Maine Revised Statutes Title 12 > Chapter 211 - State Parks | | Maine Revised Statutes Title 12 > Chapter 220 - Bureau Of Parks And Lands | | Maine Revised Statutes Title 30-A > Chapter 157 - Parks, Trees And Playgrounds | | Massachusetts | Massachusetts General Laws > Part I > Title XIX > Chapter 132A - State Recreation Areas Outside Of The Metropolitan Parks District | | Michigan | Michigan Laws > Chapter 3 > Act 312 of 1923 - National And State Forests | | Michigan Laws > Chapter 3 > Act 8 of 1939 - Isle Royale National Park | | Michigan Laws > Chapter 3 > Act 168 of 1967 - Pictured Rocks National Lakeshore | | Michigan Laws > Chapter 3 > Act 359 of 1974 - Sleeping Bear Dunes National Lakeshore | | Michigan Laws > Chapter 46 > Act 261 of 1965 - County And Regional Parks | | Michigan Laws > Chapter 249 > Act 96 of 1931 - Roads In United States Forest | | Minnesota | Minnesota Statutes Chapter 84A - Lands Dedicated for Conservation | | Minnesota Statutes Chapter 84B - Voyageurs National Park | | Minnesota Statutes Chapter 85 - Division of Parks and Recreation | | Minnesota Statutes Chapter 398 - Park Districts | | Minnesota Statutes Chapter 448 - Parks, Parkways and Playgrounds | | Missouri | Missouri Laws > Title VII > Chapter 90 - Parks and Recreation (Cities) | | Missouri Laws > Title XVI > Chapter 253 - State Parks and Historic Preservation | | Missouri Laws > Title XVI > Chapter 258 - Outdoor Recreation | | Montana | Montana Code Title 23 > Chapter 1 - Parks | | Montana Code Title 76 > Chapter 12 - Wild And Scenic Resources | | Montana Code Title 76 > Chapter 15 - Conservation Districts | | Montana Code Title 85 > Chapter 9 - Conservancy Districts | | Nebraska | Nebraska Statutes > Chapter 37 - Game And Parks | | Nevada | Nevada Revised Statutes > Chapter 407 - State Parks and Monuments | | Nevada Revised Statutes > Chapter 455B - Recreational Parks | | New Hampshire | New Hampshire Revised Statutes > Chapter 35-B - Public Recreation And Parks | | New Hampshire Revised Statutes > Chapter 50 - Parks | | New Hampshire Revised Statutes > Chapter 215-A - Off Highway Recreational Vehicles And Trails | | New Hampshire Revised Statutes > Chapter 215-B - Northeast Conservation Law Enforcement Compact | | New Hampshire Revised Statutes > Chapter 215-C - Snowmobiles | | New Hampshire Revised Statutes > Title XIX - Public Recreation | | New Hampshire Revised Statutes > Chapter 382 - Maintenance Of Parks By Railroads And Bus Lines | | New Mexico | New Mexico Statutes Chapter 3 > Article 47 - Park Commission | | New Mexico Statutes Chapter 5 > Article 4 - Playgrounds and Recreational Equipment | | New Mexico Statutes Chapter 16 > Article 2 - State Parks Division | | New Mexico Statutes Chapter 16 > Article 3 - State Trails System | | New Mexico Statutes Chapter 16 > Article 4 - El Rio Chama Scenic and Pastoral River and Rio Grande Valley State Park | | New Mexico Statutes Chapter 16 > Article 5 - Cumbres and Toltec Scenic Railroad | | New York | New York Laws - Alternative County Government > Article 11 - Parks, Playgrounds and Recreation Centers | | New York Environmental Conservation Law > Article 9 > Title 9 - Recreation | | New York Laws - Environmental Conservation > Article 43 - Lake George Park Commission | | New York Laws - Environmental Conservation > Article 44 - Hudson River Valley Greenway | | New York Environmental Conservation Law > Article 51 > Title 11 - Park Lands Preservation Projects | | New York Environmental Conservation Law > Article 52 > Title 9 - Historic Preservation, Municipal Park and Urban Cultural Parks Projects | | New York Environmental Conservation Law > Article 54 > Title 9 - Park, Recreation and Historic Preservation Projects | | New York Laws - Executive > Article 27 - Adirondack Park Agency | | New York Laws - Executive > Article 46 - Long Island South Shore Estuary Reserve | | New York Laws - General Municipal > Article 13 - Playgrounds and Neighborhood Recreation Centers | | New York Laws - General Municipal > Article 13-B - Picnic Parks And/Or Roadside Rest Areas | | New York Laws - General Municipal > Article 13-BB - Adopt-A-Municipal Park, Shoreline Or Roadway Programs | | New York Laws - General Municipal > Article 13-C - Establishment Or Extension of Residential Or Recreational Areas In the Lake George Park | | New York Laws - Parks, recreation and historic preservation | | New York | New York Laws > Alternative County Government > Article 11 - Parks, Playgrounds And Recreation Centers | | New York Laws > Environmental Conservation > Article 9 > Title 9 - Recreation | | New York Laws > Environmental Conservation > Article 43 - Lake George Park Commission | | New York Laws > Environmental Conservation > Article 44 - Hudson River Valley Greenway | | New York Laws > Environmental Conservation > Article 51 > Title 11 - Park Lands Preservation Projects | | New York Laws > Environmental Conservation > Article 52 > Title 9 - Historic Preservation, Municipal Park And Urban Cultural Parks Projects | | New York Laws > Environmental Conservation > Article 54 > Title 9 - Park, Recreation And Historic Preservation Projects | | New York Laws > Executive > Article 27 - Adirondack Park Agency | | New York Laws > Executive > Article 46 - Long Island South Shore Estuary Reserve | | New York Laws > General Municipal > Article 13 - Playgrounds And Neighborhood Recreation Centers. | | New York Laws > General Municipal > Article 13-B - Picnic Parks And/Or Roadside Rest Areas | | New York Laws > General Municipal > Article 13-BB - Adopt-A-Municipal Park, Shoreline Or Roadway Programs | | New York Laws > General Municipal > Article 13-C - Establishment Or Extension Of Residential Or Recreational Areas In The Lake George Park | | New York Laws > Parks, recreation and historic preservation | | North Carolina | North Carolina General Statutes Chapter 100 - Monuments, Memorials and Parks | | North Carolina General Statutes Chapter 104 > Article 3 - Jurisdiction over National Park System Lands | | North Carolina General Statutes Chapter 113 > Article 2 - Acquisition and Control of State Forests and Parks | | North Carolina General Statutes Chapter 113 > Article 2C - State Parks Act | | North Carolina General Statutes Chapter 113A > Article 5 - North Carolina Appalachian Trails System Act | | North Carolina General Statutes Chapter 113A > Article 6 - North Carolina Trails System | | North Carolina General Statutes Chapter 113A > Article 9A - Nature Preserves Act | | North Carolina General Statutes Chapter 143 > Article 30 - Nutbush Conservation Area | | North Dakota | North Dakota Code > Chapter 11-28 - County Parks and Recreational Areas | | North Dakota Code > Title 55 - State Historical Society and State Parks | | North Dakota Code > Chapter 58-17 - Township Parks | |
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