PRIA, Government Policy, Made Personal

Summary

The United States can buy land even if the seller keeps rights of way, easements, or reservations, as long as the Secretary of Agriculture believes those kept rights will not interfere with the land’s use under the law. Those retained rights must follow rules the Secretary sets, be written into the document that transfers the land to the United States, and be used only according to those rules.

Title 16, §518

Conservation, Source: USLM XML via OLRC

Such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the Secretary of Agriculture, in no manner interfere with the use of the lands so encumbered, for the purposes of this Act. Such rights of way, easements, and reservations retained by the owner from whom the United States receives title, shall be subject to the rules and regulations prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and administration, and such rules and regulations shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, occupation, and operation of such rights of way, easements, and reservations shall be under, subject to, and in obedience with the rules and regulations so expressed.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former section 513 and 514 of this title, and sections 515 to 517a, 519, 521, 552, and 563 of this title and amended section 480 and 500 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 552 of this title and Tables.

Amendments

1976—Pub. L. 94–588 struck out “the National Forest Reservation Commission and” after “in the opinion of”. 1913—Act Mar. 4, 1913, amended act Mar. 1, 1911, generally to provide that acquisition of lands under this section would not be defeated by rights of way, easements, and reservations retained by the owner from whom title is received.

§518 Acquisition of Lands Not Defeated by Rights-of-way, Easements, and Reservations