§ 460s-7. — Acquisition of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460s-7]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII--PICTURED ROCKS NATIONAL LAKESHORE
Sec. 460s-7. Acquisition of property
(a) Authority of Secretary; manner and place; condemnation authority
The Secretary is authorized, subject to the limitations, conditions,
and restrictions imposed by this subchapter, to acquire the land, water,
and other property, and improvements thereon, and any interests therein
(including easements) within the boundary described in section 460s-1 of
this title by donation, purchase with donated or appropriated funds,
transfer from any Federal agency, exchange, or condemnation; except that
such authority to acquire by condemnation shall be exercised only in the
manner and to the extent specifically authorized in this subchapter.
(b) Sale offers; hardship from delay
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. In considering any such offer,
the Secretary shall take into consideration any hardship to the owner
which might result from any undue delay in acquiring his property.
(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 Federal property 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) Negotiation and purchase; condemnation proceedings; fair market
value
The Secretary shall make every reasonable effort to acquire property
through negotiation and purchase. Where agreement is not reached and
condemnation proceedings are filed, the owner of such property shall be
paid the fair market value thereof as determined in such proceedings.
(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.
(f) Exchange of properties; cash equalization payments
In exercising his authority to acquire property by exchange the
Secretary may accept title to any non-Federal property within the area
designated by section 460s-1 of this title for inclusion in the
lakeshore, and in exchange therefor he may convey to the grantor of such
property any federally owned property under his jurisdiction within the
State of Michigan which he classifies as suitable for exchange or other
disposal. The values of the properties so exchanged either shall be
approximately equal or, if they are not approximately equal, the values
shall be equalized by the payment of cash to the grantor or to the
Secretary as the circumstances require.
(Pub. L. 89-668, Sec. 8, Oct. 15, 1966, 80 Stat. 923.)
