§429b–1 — Title 16 Conservation | U.S. Code

Summary

The Secretary may acquire property inside the park by gift, by buying it with donated or government money, or by trading for it. Land owned by the Commonwealth of Virginia or its local governments can only be accepted as a gift. The Secretary must work with Virginia, its local governments, and others the State names to help protect important park views using zoning or other agreed methods. For lands inside the park’s 1954 boundaries, the Secretary cannot take full ownership without the owner’s consent if the land is used the same way it was on September 1, 1980. If the owner changes the use and the Secretary tries to take full ownership, the owner can ask for a review and get a hearing on the record under section 554 of title 5. If the Virginia Department of Highways and Transportation decides the proposed Route 234 bypass belongs between the Virginia Electric Power Company powerline easement and Route 705, the Secretary must provide the land needed, with terms to protect the park. The Secretary cannot close any State roads inside the park unless Virginia officials approve.

Title 16, §429b–1

Conservation — Source: USLM XML via OLRC

(a)(1)In order to effectuate the purposes of sections 429b to 429b–5 of this title, the Secretary is authorized to acquire by donation, purchase with donated or appropriated funds or exchange, any property or interests therein which are located within the boundaries of the park, except that property owned by the Commonwealth of Virginia or by any political subdivision thereof may be acquired only by donation.

(2)The Secretary shall cooperate with the Commonwealth of Virginia, the political subdivisions thereof, and other parties as designated by the Commonwealth or its political subdivisions in order to promote and achieve scenic preservation of views from within the park through zoning and such other means as the parties determine feasible.

(b)With respect to areas within the 1954 boundaries of the park, as identified on the map referred to in section 429b of this title, the Secretary may not acquire fee simple title to such areas without the consent of the owner so long as the lands continue to be devoted to a use which is the same as that in effect on September 1, 1980. Further, if the Secretary proposes to acquire fee simple title to such property because of a change in use, the owner of such property may seek a review of the proposed acquisition of his or her property and is entitled to a hearing on the record in accordance with section 554 of title 5.

(c)If the Virginia Department of Highways and Transportation determines that the proposed Route 234 bypass should be properly located between the Virginia Electric Power Company powerline easement and route 705, the Secretary shall make available the land necessary for such bypass, subject to such revisions, terms, and conditions as the Secretary deems are necessary and appropriate to assure that such bypass is located, constructed, operated, and maintained in a manner consistent with the administration of the park.

(d)The Secretary may not close any State roads within the park unless action permitting the closing of such roads has been taken by appropriate officials of the Commonwealth of Virginia.

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–647 designated existing provisions as par. (1) and added par. (2).

§429b–1 Acquisition and use of lands

Summary

Title 16, §429b–1

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata