Title 16 — ConservationRelease 119-73

§460s–9 Property subject to condemnation

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXXVII— - PICTURED ROCKS NATIONAL LAKESHORE › § 460s–9

Last updated Apr 6, 2026|Official source

Summary

The Secretary must not use condemnation to take land in the inland buffer zone in two situations. The Secretary cannot take any "improved property" inside the inland buffer zone. The Secretary also cannot take land in the inland buffer zone while the Secretary believes it is being used to grow and harvest timber under a scientific selective‑cutting and forest‑management program, or while it is being used for the same commercial purpose it had on December 31, 1964, as long as that use helps the goals of this part of the law and does not harm the usefulness or attractiveness of the lakeshore. Improved property: a one‑family house whose construction began before December 31, 1964, plus the portion of the land owned with the house that is reasonably needed to enjoy it.

Full Legal Text

Title 16, §460s–9

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall be prohibited from acquiring by condemnation any (1) improved property within the inland buffer zone or (2) property within the inland buffer zone during all times when, in his judgment, such property is being used (A) for the growing and harvesting of timber under a scientific program of selective cutting and forest management, or (B) for commercial purposes, if such commercial purposes are the same such purposes for which such property is being used on December 31, 1964, so long as the use of such improved or other property would further the purposes of this subchapter and such use does not impair the usefulness and attractiveness of the lakeshore.

(b)As used in this subchapter, the term “improved property” shall mean any one-family dwelling on which construction was begun before December 31, 1964, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460s–9

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73