Pub. L. 109-338, tit. IV, sec. 403

PRIVATE PROPERTY PROTECTION.

EnactedYear: 2006Length: 356 wordsOfficial source
SEC. 403. PRIVATE PROPERTY PROTECTION. The Illinois and Michigan Canal National Heritage Corridor Act of 1984 is further amended by adding after section 126 (as added by section 402) the following new sections:“SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.“(a) Notification and Consent of Property Owners Required.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the corridor until the owner of that private property has been notified in writing by the Association and has given written consent for such preservation, conservation, or promotion to the Association.120 STAT. 1854“(b) Landowner Withdrawal.—Any owner of private property included within the boundary of the corridor, and not notified under subsection (a), shall have their property immediately removed from the boundary of the corridor by submitting a written request to the Association. “SEC. 128. PRIVATE PROPERTY PROTECTION.“(a) Access to Private Property.—Nothing in this title shall be construed to—“(1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or“(2) modify any provision of Federal, State, or local law with regard to public access to or use of private property.“(b) Liability.—Designation of the corridor 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.“(c) Recognition of Authority To Control Land Use.—Nothing in this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.“(d) Participation of Private Property Owners in Corridor.—Nothing in this title shall be construed to require the owner of any private property located within the boundaries of the corridor to participate in or be associated with the corridor.“(e) Effect of Establishment.—The boundaries designated for the corridor represent the area within which Federal funds appropriated for the purpose of this title may be expended. The establishment of the corridor and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the corridor or its viewshed by the Secretary, the National Park Service, or the Association.” .
Pub. L. 109-338, tit. IV, sec. 403: PRIVATE PROPERTY PROTECTION. | Justis AI