16 U.S.C. § 410ff–1: Acquisition of property

Summary

The Secretary of the Interior can acquire lands, waters, or rights inside the park by donation, purchase, transfer, exchange, or other means. If the property is not donated, the Secretary must pay the owner the fair market value on the date of acquisition, minus the value of any rights the owner keeps. Lands owned by the State of California or its local governments cannot be taken. Federal property already inside the park can be moved to the Secretary’s care if the agency head agrees. The Secretary must allow continued use of federally owned park lands for essential national security missions or navigational aids that were transferred or leased as of March 5, 1980, under terms needed to protect park resources. Land owned or under option to the National Park Foundation, The Nature Conservancy, or similar conservation groups can only be acquired with the owner’s consent unless the Secretary finds an imminent change of use that conflicts with park purposes. The Secretary must try to buy privately owned land on Santa Rosa Island quickly after March 5, 1980, and this gets priority over other purchases. Owners may keep a right to use and occupy property for up to 25 years or until the owner or spouse dies, or may get a compatible lease; such rights can be ended if they conflict with park management, with payment for the unexpired value, and they must allow required access. Ninety days after November 12, 1996, title to the Gherini Ranch on eastern Santa Cruz Island vests in the United States except for the reserved rights recorded in Instrument No. 90–027494. The United States must pay just compensation based on the date of taking. Payment will be the agreed value plus interest or the court-awarded value plus interest. Interest runs from the date of taking to payment, is compounded quarterly, and uses the rate set by the Secretary of the Treasury based on average market yields from November 12, 1996, to the month before payment. The U.S. pledges its full faith and credit to satisfy any judgment. If there is no settlement or owner action within one year after November 12, 1996, the Secretary must start a court case to fix compensation. The Secretary will not allow unauthorized uses of the lands, but will allow orderly shutdown of current activities and removal of equipment.

Title 16, §410ff–1

Conservation, Source: USLM XML via OLRC

(a)Authority of Secretary of the Interior; fair market value; State-owned land; Federal property located within park

Within the boundaries of the park as established in section 410ff of this title, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to acquire lands, waters, or interests therein (including but not limited to scenic easements) by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or otherwise. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of its acquisition, less the fair market value on that date of any right retained by the owner. Any lands, waters, or interests therein owned by the State of California or any political subdivision thereof shall not be acquired. Notwithstanding any other provision of law, Federal property located within the boundaries of the park shall with the concurrence of the head of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary for the purposes of the park: Provided, That the Secretary shall permit the use of federally owned park lands and waters which (i) have been transferred from another Federal agency pursuant to this section or which (ii) were the subject of a lease or permit issued by a Federal agency as of March 5, 1980, for essential national security missions and for navigational aids, subject to such terms and conditions as the Secretary deems necessary to protect park resources.

(b)Lands owned, or under option to, National Park Foundation, The Nature Conservancy, or similar organizations

Notwithstanding the acquisition authority contained in subsection (a), any lands, waters, or interests therein, which are owned wholly or in part, by or which hereafter may be owned by, or under option to, the National Park Foundation, The Nature Conservancy (including any lands, waters, or interests therein which are designated as “Nature Conservancy Lands” on the map referred to in section 410ff of this title) or any similar national, nonprofit conservation organization, or an affiliate or subsidiary thereof shall be acquired only with the consent of the owner thereof: Provided, That the Secretary may acquire such property in accordance with the provisions of this subchapter if he determines that the property is undergoing or is about to undergo a change in use which is inconsistent with the purposes of this subchapter.

(c)Privately owned lands on Santa Rosa Island (d) Retention of rights by owners; compatible use under lease

With respect to the privately owned lands on Santa Rosa Island, the Secretary shall acquire such lands as expeditiously as possible after March 5, 1980. The acquisition of these lands shall take priority over the acquisition of other privately owned lands within the park.

(e)Acquisition of certain property on Santa Cruz Island

(1)Notwithstanding any other provision of law, effective 90 days after November 12, 1996, all right, title, and interest in and to, and the right to immediate possession of, the real property on the eastern end of Santa Cruz Island which is known as the Gherini Ranch is hereby vested in the United States, except for the reserved rights of use and occupancy set forth in Instrument No. 90–027494 recorded in the Official Records of the County of Santa Barbara, California.

(2)The United States shall pay just compensation to the owners of any real property taken pursuant to this subsection, determined as of the date of taking. The full faith and credit of the United States is hereby pledged to the payment of any judgment entered against the United States with respect to the taking of such property. Payment shall be in the amount of the agreed negotiated value of such real property plus interest or the valuation of such real property awarded by judgment plus interest. Interest shall accrue from the date of taking to the date of payment. Interest shall be compounded quarterly and computed at the rate applicable for the period involved, as determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities from November 12, 1996, to the last day of the month preceding the date on which payment is made.

(3)In the absence of a negotiated settlement, or an action by the owner, within 1 year after November 12, 1996, the Secretary shall initiate a proceeding, seeking in a court of competent jurisdiction a determination of just compensation with respect to the taking of such property.

(4)The Secretary shall not allow any unauthorized use of the lands to be acquired under this subsection, except that the Secretary shall permit the orderly termination of all current activities and the removal of any equipment, facilities, or personal property.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–199, and was translated as “this subchapter”, meaning title II of Pub. L. 96–199, to reflect the probable intent of Congress.

Amendments

1996—Subsec. (e). Pub. L. 104–333 added subsec. (e).

§410ff–1 Acquisition of Property