PRIA, Government Policy, Made Personal

Summary

The Secretary of the Interior can grant leases in Yosemite National Park for up to 20 years at yearly rent. The leases go to people or companies allowed to do business in the park. Each lease can cover a separate tract of land up to 20 acres. There can be no more than ten such lease sites. Leases are for building and keeping hotels and for buildings that protect cars, stages, animals, equipment, and similar needs for visitors. The Secretary may require that, when a lease ends, the value of buildings be appraised and that a new lessee pay that appraised amount to the old lessee if the lease goes to someone else. A leaseholder may, with the Secretary’s approval, put a mortgage on their lease rights, buildings, or their contract with the Secretary. The mortgage must be made in two copies and given to the Secretary for approval; he keeps one copy and files it. Any mortgage, lien, or charge is still subject to the government’s right to enforce the lease. A buyer at a foreclosure must accept and follow all the original lease terms.

Title 16, §55

Conservation, Source: USLM XML via OLRC

The Secretary of the Interior is authorized and empowered to grant leases, for periods of not exceeding twenty years, at annual rentals, and under terms and conditions to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yosemite National Park, for separate tracts of land, not exceeding twenty acres each, at such places, not to exceed ten in number, to any person, corporation, or company in said park, as the comfort and convenience of visitors may require, for the construction and maintenance of substantial hotel buildings and buildings for the protection of motor cars, stages, stock and equipment, and so forth. Such leases may, at the option of the Secretary of the Interior, contain appropriate provisions for the appraisement, at the expiration of the lease, of the value of such hotel and other buildings (or portions thereof) as may be constructed by the lessees, respectively, and the payment of the same to the lessees in case a new lease be made to persons other than said lessees, such payments to be made by such new lessees, respectively. Any person or corporation or company holding a lease or leases within said park for the purposes above described is authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights and properties, including his or its contract or contracts with the Secretary of the Interior; such mortgages shall be executed in duplicate and delivered to the Secretary of the Interior for his approval, and upon his approval thereof he shall retain one of said duplicates and file the same for record in his office. Any mortgage, lien, or encumbrance created under the provisions hereof shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee or contractor.

Notes & Related Subsidiaries

Editorial Notes

Codification This section superseded earlier provisions as to leases contained in section 2 of act Oct. 1, 1890. As enacted by act July 23, 1914, this section contained a provision, omitted for purposes of codification, continuing in effect all existing laws relating to the park and not in conflict with it.

§55 Leases of Land in Park; Mortgages by Lessees

Summary

Title 16, §55

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata