16 USC 460 - Condemnation of commercial property

Collapse to view only § 460x-12. Condemnation of commercial property

§ 460x. Establishment
§ 460x-1. Description of area
§ 460x-2. Designation of lakeshore areas
§ 460x-3. Sleeping Bear Dunes National Lakeshore Advisory Commission
§ 460x-4. Hunting and fishing; issuance of regulations
§ 460x-5. Administration, protection, and development
§ 460x-6. Taxing power
§ 460x-7. Acquisition of property
§ 460x-8. Zoning bylaws
§ 460x-9. Right of retention of residential use in improved lands
§ 460x-10. Improved property
§ 460x-11. Scenic roads
§ 460x-12. Condemnation of commercial property
§ 460x-13. Certificate of Secretary to interested person indicating prohibition from acquiring particular property by condemnation; contents
§ 460x-14. Authorization of appropriations; adjustments
§ 460x-15. Lakeshore wilderness report; administration

§ 460x. Establishment

(a) Purpose; administration

(b) Cooperation between Federal, State, and local governments

(Pub. L. 91–479, § 1, Oct. 21, 1970, 84 Stat. 1075.)

§ 460x–1. Description of area

(a) In general

(b) Establishment; notice in Federal Register

(Pub. L. 91–479, § 2, Oct. 21, 1970, 84 Stat. 1075.)

§ 460x–2. Designation of lakeshore areas

(a) Area categories; publication in Federal Register

(b) Acquisition of lands and interests therein of category I areas

(d) Acquisition of interests in lands designated as category II; limitations

(e) Acquisition of interests in lands designated as category III; limitations

(f) Restrictions on use and development of real property in categories II and III; notification of owners by Secretary of minimum restrictions on use and development for retention of property; compliance with restrictions as barring acquisition by Secretary; applicability to owners not notified by Secretary; acquisition from owners not agreeing to use of property in accordance with notice; acquisition of fee simple title

(Pub. L. 91–479, § 3, Oct. 21, 1970, 84 Stat. 1075.)

§ 460x–3. Sleeping Bear Dunes National Lakeshore Advisory Commission

(a) Establishment; termination

(b) Membership; appointment; term of office; recommendation or designation of appointees

The Commission shall be composed of ten members, each appointed for a term of two years by the Secretary, as follows:

(1) Four members to be appointed from recommendations made by the counties in which the lakeshore is situated, two members to represent each such county;

(2) Four members to be appointed from recommendations made by the Governor of the State of Michigan; and

(3) Two members to be designated by the Secretary.

(d) Compensation and expenses; vouchers

(e) Consultation of Secretary with Commission

The Secretary or his designee shall consult with the Commission with respect to—

(1) matters relating to the development of the lakeshore and with respect to the provisions of sections 460x–8, 460x–11, and 460x–12 of this title; and

(2) matters relating to the implementation of the General Management Plan provided for in section 460x–5(b) of this title.

(Pub. L. 91–479, § 4, Oct. 21, 1970, 84 Stat. 1076; Pub. L. 100–558, Oct. 28, 1988, 102 Stat. 2796.)

§ 460x–4. Hunting and fishing; issuance of regulations

In administering the lakeshore the Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with the laws of the State of Michigan and the United States applicable thereto. The Secretary, after consultation with the appropriate agency of the State of Michigan, may designate zones and establish periods where and when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment and issue regulations, consistent with this section, as he may determine necessary to carry out the purposes of this section.

(Pub. L. 91–479, § 5, Oct. 21, 1970, 84 Stat. 1076.)

§ 460x–5. Administration, protection, and development

(a) Applicability of provisions; utilization of statutory authorities

(b) Land and water use management plan; preparation and implementation by Secretary; required provisions

In the administration, protection, and development of the area, the Secretary shall prepare and implement a land and water use management plan, which shall include specific provisions for—

(1) development of facilities to provide the benefits of public recreation;

(2) protection of scenic, scientific, and historic features contributing to public enjoyment; and

(3) such protection, management, and utilization of renewable natural resources as in the judgment of the Secretary is consistent with, and will further the purpose of, public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment.

(c) Area review by Secretary; report to President; recommendations for preservation of any area within lakeshore as wilderness; designation as a wilderness

(d) Public use areas; preservation of rights of owner or occupant of improved property located within public use area

(Pub. L. 91–479, § 6, Oct. 21, 1970, 84 Stat. 1077.)

§ 460x–6. Taxing power

Nothing in this subchapter shall be construed as prohibiting any governmental jurisdiction in the State of Michigan from assessing taxes upon any interest in real estate retained under the provisions of section 460x–9 of this title to the owner of such interest.

(Pub. L. 91–479, § 7, Oct. 21, 1970, 84 Stat. 1077.)

§ 460x–7. Acquisition of property

(a) Authority of Secretary; manner of acquisition; procedure for lands partly within designated area

(b) Sale offers; hardship from delay; time and manner of purchase

(d) Initiation of condemnation proceedings subsequent to failure of Secretary to negotiate for purchase of property; certificate of compliance with negotiation procedure

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

(Pub. L. 91–479, § 8, Oct. 21, 1970, 84 Stat. 1077.)

§ 460x–8. Zoning bylaws

(a) Authority of Secretary to assist any township or county in or adjacent to lakeshore; payments for technical aid

(b) Suspension of condemnation power over improved property

(c) Notification of owner by Secretary of use of property inconsistent with applicable bylaws or standards; requirements of notice; discontinuance of use by owner; condemnation upon failure to discontinue use

(d) Conditions for approval by Secretary

Any zoning bylaw or amendment thereto submitted to the Secretary for approval for the purposes of this subchapter shall be approved by him if such bylaw or amendment contains provisions which—

(1) contribute to the effect of prohibiting the commercial and industrial use (other than a use for a commercial purpose as authorized under section 460x–12 of this title) of all property within the boundaries of such area which is situated within the county or township adopting such bylaw or amendment;

(2) are consistent with the objectives and purposes of this subchapter so that, to the extent possible under Michigan law, the scenic and scientific values of the lakeshore area will be protected;

(3) are designed to preserve the lakeshore character of the area by appropriate restrictions upon the burning of cover, cutting of timber (except tracts managed for sustained yield), removal of sand or gravel, and dumping, storage, or piling of refuse and other unsightly objects or other uses which would detract from the natural or traditional lakeshore scene;

(4) provide that no construction, reconstruction, moving, alteration, or enlargement of any property, including improved property as defined in this subchapter, within the lakeshore area shall be permitted, if such construction, reconstruction, moving, alteration, or enlargement would afford less than a fifty-foot setback from all streets measured at a right angle with the street line, and a twenty-five-foot distance from all contiguous properties. Any owner or zoning authority may request the Secretary of the Interior to determine whether a proposed move, alteration, construction, reconstruction, or enlargement of any such property would subject such property to acquisition by condemnation, and the Secretary, within sixty days of the receipt of such request, shall advise the owner or zoning authority in writing whether the intended use will subject the property to acquisition by condemnation; and

(5) have the effect of providing that the Secretary shall receive notice of any variance granted under, and of any exception made to the application of, such bylaw or amendment.

(e) Withdrawal or revocation of approval by Secretary; retroactive effect

(Pub. L. 91–479, § 9, Oct. 21, 1970, 84 Stat. 1078.)

§ 460x–9. Right of retention of residential use in improved lands

(a) Limited term; conforming use; payment for right; sale or lease of right

(b) Option to retain use of land; notice to Secretary; payment

Any person who is—

(1) an owner of improved property described in section 460x–10(a)(2) of this title which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary; or

(2) an occupier of improved property described in section 460x–10(a)(2) of this title which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary, in situations where the fee ownership of such improved property has been heretofore acquired by the United States (whether by donation, purchase, condemnation, exchange or otherwise);

may retain, for a term not to exceed twenty-five years from January 1, 1973, or for a term ending on the death of such owner or occupier, the right of use or occupancy of such property for any residential purpose which is not incompatible with the purposes of this subchapter or which does not impair the usefulness and attractiveness of the area designated for inclusion. Such owner or occupier must notify the Secretary of any intention to exercise such option within 60 days after receipt of the notice referred to in section 460x–10(c)(3) of this title. In situations where the United States has not heretofore acquired fee title to the improved property, the Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. In situations where the United States has heretofore acquired fee title to the improved property, the occupier may notify the Secretary that such occupier elects to retain continued use and occupancy of such property pursuant to this section, in which event the occupier shall pay to the Secretary the value of the additional right retained, which value shall be based upon the value of the property at the time of its acquisition by the Secretary.

(d) Transfer of right to member of immediate family; owner option to terminate; payment by Secretary; “member of the immediate family” defined

(1) Any owner or occupier of improved property who retains a right of use and occupancy under subsection (b) may convey or lease such right during its existence to a member of such owner or occupier’s immediate family for noncommercial residential purposes which are not incompatible with the purposes of this subchapter and which do not impair the usefulness and attractiveness of the area designated for inclusion.

(2) Any owner or occupier of improved property who has retained a right of use and occupancy under subsection (b) may terminate such right at any time, and the Secretary shall pay, within 120 days after the date of such termination, to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.

(3) As used in this subchapter, the term “member of the immediate family” means spouse, brother, sister, or child, including persons bearing such relationships through adoption, and step-child.

(Pub. L. 91–479, § 10, Oct. 21, 1970, 84 Stat. 1079; Pub. L. 97–361, § 1, Oct. 22, 1982, 96 Stat. 1720.)

§ 460x–10. Improved property

(a) General definition

As used in this subchapter, the term “improved property” means a detached, one-family dwelling, construction of which—

(1) was begun before December 31, 1964, or

(2) for the purposes of section 460x–9(b) or (d) of this title, was begun on or after December 31, 1964, and before October 21, 1970, and has been openly and continuously used, at least during the summer months of each year when similar dwellings in the area are used, as a residential dwelling since such construction was completed, and with respect to the portion of such period after any acquisition of such property by the United States, by the owner, or a member of the immediate family of the owner, of such dwelling on the date of such acquisition,

together with so much of the land on which the dwelling is situated, such land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the lands so designated. The amount of land so designated shall in every case be at least three acres in area, or all of such lesser acreage as may be held in the same ownership as the dwelling, and in making such designation the Secretary shall take into account the manner of noncommercial residential use in which the dwelling and land have customarily been enjoyed.

(b) Authorization to exclude beach lands

(1) The Secretary may exclude from the category of “improved property” under this subchapter any property described in subsection (a)(2) which the Secretary determines is in an area required for public use or development in the immediate future. In making any such determination the Secretary shall take into account the proximity of such property to any other improved property, the development or public use of the lakeshore and the related timetable therefor, and the anticipated availability in the immediate future of funds related to such development or public use.

(2)

(A) With respect to any improved property, as defined in subsection (a)(2), with respect to which the occupier has retained a right of use and occupancy under section 460x–9(b) of this title, the Secretary may terminate such right 90 days after notifying in writing the occupier, if the Secretary determines that such improved property is needed for public use or development under this subchapter. In making any such determination the Secretary shall take into account the proximity of such property to any other improved property, the development or public use requirements of the lakeshore and related timetable therefor, and the current availability of funds for the proposed public use or development.

(B) The Secretary shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.

(3)

(A) The Secretary must, within 60 days after October 22, 1982, notify in writing any owner or occupier of property described in subsection (a)(2) that an option to retain rights with respect to such property exists under section 460x–9(b) of this title, whether such property shall be subject to any action by the Secretary under paragraph (1) of this subsection, the nature of such proposed action, the reasons for such proposed action, and the contemplated timetable therefor.

(B) With respect to any proposed action to be taken under paragraph (2) of this subsection, if the Secretary determines within 60 days after October 22, 1982, after taking into account timetable and funding projections, that, consistent with the General Management Plan dated October 1979, public use or development is anticipated before 1998 for an area containing any improved property described in subsection (a)(2), the Secretary shall include notice of such determination in any notification under subparagraph (A) of this paragraph. Any failure of the Secretary to so notify an occupier pursuant to this subparagraph shall not preclude the Secretary from taking action under paragraph (2) at some future date.

(Pub. L. 91–479, § 11, Oct. 21, 1970, 84 Stat. 1080; Pub. L. 97–361, § 2, Oct. 22, 1982, 96 Stat. 1721.)

§ 460x–11. Scenic roads

(a) Authority of Secretary for construction, administration, and procurement of land

(b) Exchange or sale of lands in Leelanau County

(c) Administration of certain lands as Resource Preservation AreasThe Secretary is authorized to obtain and administer, according to the provisions of this section, as a part of the lakeshore as Resource Preservation Areas certain interests in the following lands:

(1) Approximately 600 acres designated as “Miller Hill” on the map numbered 634–91,001, dated September 1982.

(2) Approximately 975 acres as designated as “Bow Lakes” on the map numbered 634–91–002, dated September 1982.

(d) Preservation of scenic values in certain lands; use of lands for educational purposes

(1) The Secretary may obtain fee title under subsection (e) to lands described in subsection (c)(1), or easements or other restrictive agreements for the preservation of scenic values in such lands.

(2) The Secretary may obtain fee title under subsection (e) to lands described in subsection (c)(2), or public access easements or other restrictive agreements consistent with use of such lands for educational purposes and for research and interpretation of natural features.

(e) Manner of acquiring fee title or lesser interest in land

(1) Except as provided under paragraph (4), the Secretary may obtain fee title or other lesser interests to lands described in subsection (c) only—

(A) by gift, donation, or bequest;

(B) by purchase from a willing seller under paragraph (2); or

(2) The Secretary may negotiate with willing sellers for the transfer of fee title to other lesser interests to lands described in subsection (c). If the Secretary and such willing seller are unable to agree to a fair purchase price, that question may, by mutual consent be submitted to the appropriate United States District Court for adjudication.

(3) If the owner of any lands described in subsection (c) intends to transfer any interest in such lands except by gift, donation, or bequest, such owner must notify the Secretary of such intention. The Secretary shall have 90 days after notification in which to exercise a right of first refusal to match any bona fide offer to obtain such interest under the same terms and conditions as are contained in such offer. If the Secretary has not exercised such right within 90 days, the owner may transfer such interest.

(4) Condemnation may be used with respect to any lands described in subsection (c) only—

(A) to clear title if necessary for any transfer to the Secretary under this subsection; or

(B) to purchase fee title or such lesser interest as may be sufficient to prevent significant damage to the scenic, soil, or water resources of the lakeshore. Action under this subparagraph shall be used only after attempts to negotiate a solution to the problem have failed. If the Secretary determines that such attempts have failed, the Secretary shall notify in writing the owner of the property involved of the proposed action to be taken under this subparagraph and the Secretary shall seek an injunction to prevent such resource damage. The Secretary may at any time, and if an injunction is granted under this subparagraph the Secretary shall within 30 days after the date of such injunction, send in writing to the owner of the property the Secretary’s best and final offer for the purchase of such property. If the owner does not accept such offer, the Secretary may file for condemnation. The Secretary must notify the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives of any action taken under this subparagraph.

(f) Zoning restrictions for protection of scenic resources

(1) The Secretary shall enter into discussions with appropriate local government officials to develop mutually agreeable zoning restrictions for the protection of scenic resources with respect to the lands described in subsection (c)(1).

(2) The Secretary shall enter into discussions with appropriate State and local officials responsible for the administration of the Goemaere-Anderson Wetland Protection Act (Michigan, P.A. 203, 1979) to ensure the protection of natural resources with respect to the lands described in subsection (c)(2).

(g) Inclusion of certain lands as part of lakeshore

(h) Road maintenance and other services

(Pub. L. 91–479, § 12, Oct. 21, 1970, 84 Stat. 1080; Pub. L. 97–361, § 3, Oct. 22, 1982, 96 Stat. 1722; Pub. L. 103–437, § 6(d)(17), Nov. 2, 1994, 108 Stat. 4584.)

§ 460x–12. Condemnation of commercial property

In any case not otherwise provided for in this subchapter, the Secretary shall be prohibited from condemning any commercial property used for commercial purposes in existence on December 31, 1964, so long as, in his opinion, the use thereof would further the purpose of this subchapter, and such use does not impair the usefulness and attractiveness of the area designated for inclusion in the lakeshore. The following uses, among others, shall be considered to be uses compatible with the purposes of this subchapter: Commercial farms, orchards, motels, rental cottages, camps, craft and art studios, marinas, medical, legal, architectural, and other such professional offices, and tree farms.

(Pub. L. 91–479, § 13, Oct. 21, 1970, 84 Stat. 1080.)

§ 460x–13. Certificate of Secretary to interested person indicating prohibition from acquiring particular property by condemnation; contents

The Secretary shall furnish to any interested person requesting the same a certificate indicating, with respect to any property which the Secretary has been prohibited from acquiring by condemnation in accordance with provisions of this subchapter, that such authority is prohibited and the reasons therefor.

(Pub. L. 91–479, § 14, Oct. 21, 1970,

§ 460x–14. Authorization of appropriations; adjustments

There are authorized to be appropriated not more than $84,149,558 for the acquisition of lands and interests in lands and not more than $18,769,000 (June 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein.

(Pub. L. 91–479, § 15, Oct. 21, 1970, 84 Stat. 1081; Pub. L. 93–477, title I, § 101(13), Oct. 26, 1974, 88 Stat. 1446; Pub. L. 97–361, § 4, Oct. 22, 1982, 96 Stat. 1724; Pub. L. 98–141, § 5, Oct. 31, 1983, 97 Stat. 909; Pub. L. 98–505, Oct. 19, 1984, 98 Stat. 2337.)

§ 460x–15. Lakeshore wilderness report; administration

In accordance with section 1132(c) of this title, the President shall, no later than June 1, 1983, advise the United States Senate and House of Representatives of his recommendations with respect to the suitability or nonsuitability as wilderness of any area within the lakeshore. Subject to existing private rights, the areas described in the report prepared by the National Park Service entitled “Wilderness Recommendation; Sleeping Bear Dunes National Lakeshore” dated January, 1981, and recommended for wilderness (approximately 7,128 acres) and for potential wilderness additions (approximately 23,775 acres) shall, until Congress determines otherwise, be administered by the Secretary so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System.

(Pub. L. 91–479, § 16, as added Pub. L. 97–361, § 5, Oct. 22, 1982, 96 Stat. 1724.)