§ 460x-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: 16USC460x-7]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
Sec. 460x-7. Acquisition of property
(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.
(Pub. L. 91-479, Sec. 8, Oct. 21, 1970, 84 Stat. 1077.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Section Referred to in Other Sections
This section is referred to in section 460x-2 of this title.
