Pub. L. 109-338, tit. II, subtit. E, sec. 266

PRIVATE PROPERTY PROTECTION.

EnactedYear: 2006Length: 394 wordsOfficial source
SEC. 266. PRIVATE PROPERTY PROTECTION.(a) Access to Private Property.—Nothing in this subtitle shall be construed to require any private property owner to permit public access (including Federal, State, or local government access) to such private property. Nothing in this subtitle shall be construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands.(b) Liability.—Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property.120 STAT. 1812(c) Recognition of Authority To Control Land Use.—Nothing in this subtitle shall be construed to modify any authority of Federal, State, or local governments to regulate land use.(d) Participation of Private Property Owners in Heritage Areas.—Nothing in this subtitle shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.(e) Land Use Regulation.—(1) In general.—The local coordinating entity shall provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the resources and values of the Heritage Area.(2) Effect.—Nothing in this subtitle—(A) affects the authority of the State or local governments to regulate under law any use of land; or(B) grants any power of zoning or land use to the local coordinating entity.(f) Private Property.—(1) In general.—The local coordinating entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area.(2) Effect.—Nothing in this subtitle—(A) abridges the rights of any person with regard to private property;(B) affects the authority of the State or local government regarding private property; or(C) imposes any additional burden on any property owner.(g) Requirements for Inclusion of Private Property.—(1) Notification and consent of property owners required.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity.(2) Landowner withdrawal.—Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity.
Pub. L. 109-338, tit. II, subtit. E, sec. 266: PRIVATE PROPERTY PROTECTION. | Justis AI