16 U.S.C. § 430k: Condemnation proceedings…

Summary

The Secretary of the Interior can start legal action under section 3113 of title 40 to take land, rights, or interests inside the battlefield. Once the United States files that petition in the United States District Court for the District of Maryland, it can take immediate possession. The Secretary may instead buy land at a price they find reasonable or accept donated land or rights, but the title must be acceptable to the Secretary.

Title 16, §430k

Conservation, Source: USLM XML via OLRC

The Secretary of the Interior is authorized to cause condemnation proceedings to be instituted in the name of the United States under the provisions of section 3113 of title 40, to acquire title to the lands, interests therein, or rights pertaining thereto within the said battlefield, and the United States shall be entitled to immediate possession upon the filing of the petition in condemnation in the United States District Court for the District of Maryland: Provided, That when the owner of such lands, interests therein, or rights pertaining thereto shall fix a price for the same, which, in the opinion of the Secretary of the Interior, shall be reasonable, the Secretary may purchase the same without further delay: Provided further, That the Secretary of the Interior is authorized to accept, on behalf of the United States, donations of lands, interests therein, or rights pertaining thereto required for the battlefield: And provided further, That title and evidence of title to lands and interests therein acquired for said battlefield shall be satisfactory to the Secretary of the Interior.

Notes & Related Subsidiaries

Editorial Notes

Codification “Section 3113 of title 40” substituted in text for “the Act of August 1, 1888, entitled ‘An Act to authorize condemnation of lands for sites for public buildings and for other purposes’ (25 Stat.L. 357)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

1976—Pub. L. 94–578 substituted “battlefield” for “Monocacy National Military Park” wherever appearing.

Statutory Notes and Related Subsidiaries

Change of Name

“Battlefield” substituted in text for “park” in view of redesignation of Monocacy National Military Park as Monocacy National Battlefield by Pub. L. 94–578, § 319(1), set out as section 430j of this title.

§430k Condemnation Proceedings; Purchase Without Condemnation; Acceptance of Donations of Land