§ 460ii–1. Acquisition of property

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Within the recreation area the Secretary is authorized to acquire lands, waters, and interests therein by donation, purchase from willing sellers with donated or appropriated funds, or exchange. Property owned by the State of Georgia or any political subdivision thereof may be acquired only by donation. When a tract of land lies partly within and partly without the boundaries of the recreation area, the Secretary may acquire the entire tract by any of the above methods in order to avoid the payment of severance costs.

Land so acquired outside of the boundaries of the recreation area may be exchanged by the Secretary for non-Federal land within such boundaries, and any portion of the land not utilized for such exchanges may be disposed of in accordance with the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Except for property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use, an owner of improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary may retain, as a condition of such acquisition, a right of use and occupancy of the property for such residential purposes.

The right retained may be for a definite term which shall not exceed twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of the spouse, whichever occurs later. The owner shall elect the term to be retained. The Secretary shall pay the owner the fair market value of the property on the date of such acquisition, less the fair market value of the term retained by the owner. Any right of use and occupancy retained pursuant to this section may, during its existence, be conveyed or transferred, but all rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of the property in accordance with the purposes of this subchapter.

Upon his determination that the property, or any portion thereof, has ceased to be so used in accordance with such terms and conditions, the Secretary may terminate the right of use and occupancy by tendering to the holder of such right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination. As used in this section, the term “improved property” means a detached, year-round noncommercial residential dwelling, the construction of which was begun before January 1, 1975 , together with so much of the land on which the dwelling is situated, the said 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 land so designated.

( Pub. L. 95–344, title I, § 102 , Aug. 15, 1978 , 92 Stat. 474 ; Pub. L. 98–568, § 1(c) , Oct. 30, 1984 , 98 Stat. 2928 ; Pub. L. 106–154, § 2(b) , (e)(1), Dec. 9, 1999 , 113 Stat. 1737 , 1738.)

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Pub. L. 95-344
92 Stat. 474
Pub. L. 98-568
98 Stat. 2928
Pub. L. 106-154
113 Stat. 1737
40 USC 471
Pub. L. 107-217
116 Stat. 1303
Pub. L. 111-350
124 Stat. 3854

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cites case law

§ 460ii–1

Acquisition of property

Pub. L.Pub. L. 95-344

Stat.92 Stat. 474

Pub. L.Pub. L. 98-568

Stat.98 Stat. 2928

Pub. L.Pub. L. 106-154

Cites 11 · showing 5Cited by 0 across 0 sources