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LegalText 16 U.S.C. § 460s7 Acquisition of property us united_states_code code_section 16 CONSERVATION 1 NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES 460s7 16 U.S.C. § 460s7 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s460s7 data/legal/raw/us/code/title-16/usc16.xml abdb466bccec3787947a92d15234bd8de8cdaa08edb81bbf22cfa1431bcb83ca 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 11fd7143bab02c18e1f4e2d0c6b2cccb717df0bbd44085dc0c9160acd78b58d0 2026-07-04 official
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16 U.S.C. § 460s7 - Acquisition of property

Text

(a) Authority of Secretary; manner and place; condemnation authority The Secretary is authorized, subject to the limitations, conditions, and restrictions imposed by this subchapter, to acquire the land, water, and other property, and improvements thereon, and any interests therein (including easements) within the boundary described in section 460s1 of this title by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or condemnation; except that such authority to acquire by condemnation shall be exercised only in the manner and to the extent specifically authorized in this subchapter.

(b) Sale offers; hardship from delay In exercising his authority to acquire property under this subchapter, the Secretary shall give immediate and careful consideration to any offer made by an individual owning property within the lakeshore to sell such property to the Secretary. In considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property.

(c) State donations; transfer from Federal agency to administrative jurisdiction of Secretary Any property or interests therein, owned by the State of Michigan, or any political subdivisions thereof, may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this subchapter.

(d) Negotiation and purchase; condemnation proceedings; fair market value The Secretary shall make every reasonable effort to acquire property through negotiation and purchase. Where agreement is not reached and condemnation proceedings are filed, the owner of such property shall be paid the fair market value thereof as determined in such proceedings.

(e) Condemnation to acquire clear, marketable and encumbrance-free title Nothing in this subchapter shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances.

(f) Exchange of properties; cash equalization payments In exercising his authority to acquire property by exchange the Secretary may accept title to any non-Federal property within the area designated by section 460s1 of this title for inclusion in the lakeshore, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Michigan which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.

(Pub. L. 89668, § 8, Oct. 15, 1966, 80 Stat. 923.)