§103304 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

The United States can sue in federal court to get back land inside a national military park when someone stays on the land after their lease ends or after they sold the land to the United States and were paid, and the park superintendent has asked them to leave. The case must follow the state’s legal rules where the park is located. A person who remains under those conditions is guilty of trespass.

Title 54, §103304

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)The United States may bring a civil action in the courts of the United States against a person to whom land lying within a national military park has been leased that refuses to give up possession of the land to the United States after the termination of the lease, and after possession has been demanded for the United States by the park superintendent, or against a person retaining possession of land lying within the boundary of a national military park that the person has sold to the United States for park purposes and received payment therefor, after possession of the land has been demanded for the United States by the park superintendent, to recover possession of the land withheld. The civil action shall be brought according to the statutes of the State in which the national military park is situated.

(b)A person described in subsection (a) shall be guilty of trespass.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10330416 U.S.C. 416.Mar. 3, 1897, ch. 372, §§ 4, 5, 29 Stat. 622. In subsection (a) the words “any park commissioner” are omitted as obsolete. See section 103303 of the new title. The words “or code of practice” are omitted as obsolete because of the Federal Rules of Civil Procedure (28 U.S.C. App.).

§103304 Recovery of land withheld

Summary

Title 54, §103304

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata