16 U.S.C. § 429b–1: Acquisition and use of lands

Summary

The Secretary can accept gifts, buy with donated or approved funds, or trade for land or interests inside the park. Land owned by the Commonwealth of Virginia or its local governments can only be taken if given as a donation. The Secretary must work with Virginia, its local governments, and others they name to protect scenic views from the park using zoning and other steps they agree are possible. For areas inside the park’s 1954 boundaries (as shown on the park map), the Secretary cannot take full ownership (fee simple title) without the owner’s consent while the land is used the same way it was on September 1, 1980. If the Secretary seeks full ownership because the land’s use changes, 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 Route 234 bypass should go between the Virginia Electric Power Company powerline easement and route 705, the Secretary must make needed land available under terms that keep the bypass consistent with park management. The Secretary may not close State roads inside the park unless Virginia officials approve the closing.

Title 16, §429b–1

Conservation, Source: USLM XML via OLRC

(a)Acquisition of property or interests in property; scenic preservation of views

(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)Acquisition of fee simple title with the consent of owner; hearing and review

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)Secretary authorized to make land available for Route 234 bypass

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)Secretary not to close State roads

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