§ 422. Acquisition of rights and interests in land for scenery protection

(a) Power to acquire. To further carry out the purposes set forth in section 421 of this title, the Agency of Transportation, the Departments of Forests, Parks and Recreation, Fish and Wildlife, Environmental Conservation and the Division for Historic Preservation, hereafter called Department, may acquire land and any rights and interests therein by purchase with any authorized funds, donation, device, exchange, transfer from any other governmental agency (federal, state, or local). All proposed acquisitions, exchanges, and transfers of lands or rights therein shall be submitted to the Natural Resources Interagency Committee for review of conformance to the plan prepared under section 424 of this title. The recommendations of the Interagency Committee on Natural Resources need not be binding on the departments.

(b) Types of interests to be acquired. The Department shall determine the types of rights and interests in land to be acquired in order to fulfill the purposes of section 421 of this title. In the case of acquisition subject to a right of occupancy and use or reconveyance, or lease, the Department shall, so far as possible, give priority to the former owner in selecting the grantee or lessee, as the case may be.

(c) Injunction. In any case where rights and interests in land are divided between the State and private co-owners, the Department may begin injunction proceedings to enforce compliance in accordance with the provisions of this chapter. (1966, No. 67 (Sp. Sess.), § 3, eff. March 14, 1966; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18.)