Pub. L. 94-578, tit. III, sec. 308

Pub. L. 94-578, tit. III, sec. 308

EnactedYear: 1976Length: 542 wordsOfficial source
Sec. 308. (a) The Appomattox Court House National Historical Park shall hereafter comprise the area depicted on the map entitled “Boundary Map. Appomattox Court House National Historical Park”, numbered 340–20,000A, and dated September 1976, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (b) Within the boundaries of the park, the Secretary may acquire lands and interests in lands, by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the State of Virginia or its political subdivisions may be acquired only by donation. (c) (1) The owner of an improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. Tire owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition, less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law 90 STAT. 2736upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. (2) As used in this Act, the term “improved property” means a detached, single-family dwelling, construction of which was begun before June 8, 1976, which is used for noncommercial residential purposes, together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land. (3) Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner Shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894J, and for the purposes of such sections such owner shall not be considered a displaced person as defined in section 101(6) of such Act. (d) The Secretary shall administer the park in accordance with the Acts of August 25, 1916 (39 Stat. 535), as amended and supplemented, and August 21, 1935 (49 Stat. 666) as amended. (e) The Acts of June 18, 1930 (46 Stat. 777), August 13, 1935 (49 Stat. 613), and July 17, 1953 (67 Stat. 181), are repealed. (f) There are authorized to be appropriated not to exceed $1,335,000 to carry out the purposes of this Act.
Pub. L. 94-578, tit. III, sec. 308 | Justis AI