Sec. 2852. MT. SOLEDAD VETERANS MEMORIAL, SAN DIEGO, CALIFORNIA
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## SEC. 2852 MT. SOLEDAD VETERANS MEMORIAL, SAN DIEGO, CALIFORNIA **[**[54 U.S.C. 320301 note](/us/usc/t54/s320301)**]** ###
(a)Requirement to Convey Mt. Soledad Veterans Memorial Subject to subsections
(b)and (d), the Secretary of Defense shall convey all right, title, and interest of the United States in and to the Mt. Soledad Veterans Memorial in San Diego, California, to the Mount Soledad Memorial Association, Inc. ###
(b)Contingencies The requirement under subsection
(a)to convey the Memorial to the Association is contingent upon— ####
(1)an agreement between the Association and the Secretary of the Defense regarding consideration to be paid by the Association as described in subsection (c); and ####
(2)the Association’s agreement to accept the Memorial subject to the conditions described in subsection (d). ###
(c)Consideration ####
(1)Determination of consideration The Secretary of Defense shall convey the Memorial to the Association for consideration that, as determined by the Secretary, reasonably reflects— #####
(A)the price paid by the United States to purchase the Memorial pursuant to Public Law 109-272 (16 U.S.C. 431 note); #####
(B)significant reductions in the market value of the Memorial as a result of the conditions imposed by subsection (d); and #####
(C)any additional equities the Association may have, such as prior occupancy and any improvements made to the Memorial. ####
(2)Time for payment The amount of consideration determined under paragraph
(1)need not be received by the United States in full before conveyance of the Memorial. The consideration may be paid over a period of time or through installments, or such other financial instruments or arrangements, as may be reasonably convenient for the Secretary and the Association. ###
(d)Conditions of Conveyance The conveyance of the Memorial under subsection
(a)shall be subject to the following conditions: ####
(1)The Memorial shall be accepted in its condition at the time of the conveyance, commonly known as conveyance “as is”. ####
(2)The Association, and any successive owner of the Memorial, shall maintain and use the Memorial as a veterans memorial in perpetuity. ####
(3)If the Secretary of Defense determines that the Memorial is ever put to a use other than as a veterans memorial, the United States shall have the right, at its election, to reacquire all right, title, and interest in and to the Memorial without any right of compensation to the owner or any other person. Any election to reacquire the Memorial under the authority of this paragraph shall be temporary and solely for the purpose of conveying, as expeditiously as practicable, the Memorial to another entity subject to the same conditions in this subsection. ###
(e)Definitions In this section: ####
(1)The term “Association” means the Mount Soledad Memorial Association, Inc. ####
(2)The terms “Mt. Soledad Veterans Memorial” and “Memorial” mean the memorial in San Diego, California, acquired by the United States pursuant to Public Law 109-272 (16 U.S.C. 431 note). ####
(3)The term “veterans memorial” means a display of commemorative objects, such as tablets, statuary, and other fixtures, that— #####
(A)pays tribute to those persons who served in the Armed Forces of the United States; and #####
(B)is unencumbered by structures not intended for the purpose specified in subparagraph (A).
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- Pub. L. 109-272
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Sec. 2852
MT. SOLEDAD VETERANS MEMORIAL, SAN DIEGO, CALIFORNIA
Pub. L.Pub. L. 109-272
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