16-U.S.C.-3839D
§3839D – Changes In Ownership; Modification of Easement
Pathway
Title 16 > Chapter 58 > Subchapter IV > Part III > Section 3839d
Details
- Reference: Section 3839d
- Legend: §3839D – Changes In Ownership; Modification of Easement
- USCode Year: 2013
Provision Content
(a) Limitations
No easement shall be created under this part on land that has changed ownership in the preceding 12 months unless—
(1) the new ownership was acquired by will or succession as a result of the death of the previous owner;
(2) the new ownership was acquired before January 1, 1990; or
(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this part.
(b) Modification; termination
(1) Modification
The Secretary may modify an easement acquired from, or a related agreement with, an owner under this part if—
(A) the current owner of the land agrees to such modification; and
(B) the Secretary determines that such modification is desirable—
(i) to carry out this part;
(ii) to facilitate the practical administration of this part; or
(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this part.
(2) Termination
(A) In general
The Secretary may terminate an easement created with an owner under this part if—
(i) the current owner of the land agrees to such termination; and
(ii) the Secretary determines that such termination would be in the public interest.
(B) Notice
At least 90 days before taking any action to terminate under subparagraph (A) all easements entered into under this part, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(Pub. L. 99–198, title XII, §1239D, as added Pub. L. 101–624, title XIV, §1440, Nov. 28, 1990, 104 Stat. 3600.)
U.S. Encyclopedia of Law Coverage
16-U.S.C.-3838 in the Legal Encyclopedia: Conservation
In this entry about 16-U.S.C.-3838, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
16-U.S.C.-3838H in the Legal Encyclopedia: Wetland
In this entry about 16-U.S.C.-3838H, find legal reference material, bibliographies and premiere content related to wetland in the American Encyclopedia of Law, presenting a comprehensive view of the United States wetland-specific issues, written by authorities in the field.
16-U.S.C.-3838B in the Legal Encyclopedia: Land
In this entry about 16-U.S.C.-3838B, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
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