Title 16, ConservationRelease 119-110

§460s–9 Property Subject to Condemnation

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXXVII — PICTURED ROCKS NATIONAL LAKESHORE › § 460s–9

Last updated Sep 22, 2026|Official source

Summary

The Secretary must not take land by condemnation in the inland buffer zone in two cases. He cannot take improved property there. He also cannot take land in that zone when it is being used for scientifically managed timber cutting or for the same commercial use it had on December 31, 1964, as long as that use helps the goals of the park rules and does not hurt the usefulness or attractiveness of the lakeshore. Improved property means a single-family house whose construction began before December 31, 1964, plus the part of the owned lot needed for the homeowner to enjoy the house.

Full Legal Text

Title 16, §460s–9

Conservation, Source: USLM XML via OLRC

(a)Limitation on condemnation of improved or other property

The Secretary shall be prohibited from acquiring by condemnation any (1) improved property within the inland buffer zone or (2) property within the inland buffer zone during all times when, in his judgment, such property is being used (A) for the growing and harvesting of timber under a scientific program of selective cutting and forest management, or (B) for commercial purposes, if such commercial purposes are the same such purposes for which such property is being used on December 31, 1964, so long as the use of such improved or other property would further the purposes of this subchapter and such use does not impair the usefulness and attractiveness of the lakeshore.

(b)“Improved property” defined

As used in this subchapter, the term “improved property” shall mean any one-family dwelling on which construction was begun before December 31, 1964, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460s–9

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110