§425a — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior can use federal condemnation procedures under section 3113 of title 40 to take title to lands or rights for the Fredericksburg and Spotsylvania County Battlefields Memorial, and the United States gets immediate possession when the condemnation petition is filed in the U.S. District Court for the Eastern District of Virginia. If an owner names a price that the commission (under section 425c) and the Secretary agree is reasonable, the Secretary may buy it right away, and the Secretary may also accept donations of land or rights for the memorial. No public money may be spent to buy title until the Attorney General gives a written opinion that the title is valid.

Title 16, §425a

Conservation — Source: USLM XML via OLRC

The Secretary of the Interior is authorized to cause condemnation proceedings to be instituted in the name of the United States under the provisions of section 3113 of title 40, to acquire title to the lands, interests therein, or rights pertaining thereto within the said Fredericksburg and Spotsylvania County Battle Fields Memorial, authorized to be acquired in section 425 of this title, and the United States shall be entitled to immediate possession upon the filing of the petition in condemnation in the United States District Court for the Eastern District of Virginia: Provided, That when the owner of such lands, interests therein, or rights pertaining thereto shall fix a price for the same, which in the opinion of the commission, referred to in section 425c of this title, and the Secretary of the Interior, shall be reasonable, the Secretary may purchase the same without further delay: Provided further, That the Secretary of the Interior is authorized to accept on behalf of the United States, donations of lands, interests therein or rights pertaining thereto required for the said Fredericksburg and Spotsylvania County Battle Fields Memorial: And provided further, That no public money shall be expended for title to any lands until a written opinion of the Attorney General shall be had in favor of the validity of title thereto.

Notes & Related Subsidiaries

Editorial Notes

Codification “Section 3113 of title 40” substituted in text for “the Act of August 1, 1888, entitled ‘An Act to authorize condemnation of lands for sites for public buildings, and for other purposes’ (Twenty-fifth Statutes at Large, page 357)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 425 of this title.

§425a Acquisition of lands