Title 16, ConservationRelease 119-110

§460s–7 Acquisition of Property

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXXVII — PICTURED ROCKS NATIONAL LAKESHORE › § 460s–7

Last updated Sep 22, 2026|Official source

Summary

Allows the Secretary to get land, water, buildings, and rights inside the lakeshore boundary by donation, purchase, transfer from another federal agency, exchange, or, when allowed, by condemnation (forcing a sale). The Secretary must follow the limits and rules already set in the law. The Secretary must quickly consider any owner’s offer to sell and must think about any hardship the owner would face from delays. Land owned by the State of Michigan or its local governments can only be accepted as a donation. Federal property in the area can be transferred to the Secretary without payment if the agency that controls it agrees. The Secretary must try to buy by agreement first. If condemnation is used, the owner is paid the fair market value set in the proceedings, and condemnation can be used to get a clear, lien-free title. The Secretary may trade federal land for nonfederal land in the area; values must be about equal or balanced with cash.

Full Legal Text

Title 16, §460s–7

Conservation, Source: USLM XML via OLRC

(a)Authority of Secretary; manner and place; condemnation authority

The Secretary is authorized, subject to the limitations, conditions, and restrictions imposed by this subchapter, to acquire the land, water, and other property, and improvements thereon, and any interests therein (including easements) within the boundary described in section 460s–1 of this title by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or condemnation; except that such authority to acquire by condemnation shall be exercised only in the manner and to the extent specifically authorized in this subchapter.

(b)Sale offers; hardship from delay

In exercising his authority to acquire property under this subchapter, the Secretary shall give immediate and careful consideration to any offer made by an individual owning property within the lakeshore to sell such property to the Secretary. In considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property.

(c)State donations; transfer from Federal agency to administrative jurisdiction of Secretary

Any property or interests therein, owned by the State of Michigan, or any political subdivisions thereof, may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this subchapter.

(d)Negotiation and purchase; condemnation proceedings; fair market value

The Secretary shall make every reasonable effort to acquire property through negotiation and purchase. Where agreement is not reached and condemnation proceedings are filed, the owner of such property shall be paid the fair market value thereof as determined in such proceedings.

(e)Condemnation to acquire clear, marketable and encumbrance-free title

Nothing in this subchapter shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances.

(f)Exchange of properties; cash equalization payments

In exercising his authority to acquire property by exchange the Secretary may accept title to any non-Federal property within the area designated by section 460s–1 of this title for inclusion in the lakeshore, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Michigan which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460s–7

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110