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<br />"'0005~7 <br /> <br />6.5 Does the owner of "improved property" have a rip;ht to retain use end <br />occupancy for noncommercial residential purposes for a life term or a <br />fixed term of yc~rE-~ven thou~h his property is acquired by condemna- <br />tion proceedinr,s? <br /> <br />Yes, unless a subsequent Act of Congress should provide otherwise. <br />Section 6(g) permits any property owner of "improved property", to <br />retain such rights. It is immaterial whether the "improved property" <br />is acquired with or without the owner's consent., (August 10,1971) <br /> <br />6.6 Section 6{c) prohibits the Secretary from acquirin~ lands by condemna- <br />tion where such lands are located within any incorporated city, <br />vill~e~~r borough which has in force a valid zonin~ ordinance accept- <br />able to the Secretary. If other jurisdictions, such as,counties, <br />townshi~unir.corporated towns, village's, etc., have valid z'or.ing <br />ordiruances, is the Secretary bound by the prohibition under this <br />section of the Act? <br /> <br />" <br /> <br />Ii <br /> <br />" <br />11 <br /> <br />No. ... .Congress did not intend to suspend the authority of the <br />Secretary to acquire land by condemnation whenever ~ local juris- <br />diction enacts a zoning ordinance which confonns to applicable zoning <br />standards promulgated by the Secretary. Rather, Congress intended.... <br />to restrict the suspension of the Secretary's condemnation authority <br />to those instances where a component of the system fiows through one <br />of the types of local jurisdictions expressly enumerated in subsection <br />6(c) having a valid, conforming zoning ordinance. (January 14, 1974) <br /> <br />~ <br />fJ <br /> <br />6.7 Suppose the SecretarY had acquired a scenic easement in an incorporated <br />jurisdiction that had no valid zoning ordinance at the time but which <br />subsequently enacted a valid zoning ordinance. In the event the <br />Secretary later sought to acquire in full title a piece of land within <br />the zoned area for project purposes, has he the authority to acquire <br />that property by condemnation under the provisions of the Act? <br /> <br />No. COI\demnation authority under subsection 6{c) applies at that point <br />in time when the authority which it is designed to restrict, i.e., con- <br />demnation, is sought to be exercised.. ..The Secretary cannot acquire <br />fee title to lands by condemnation if the incorporated city, village, <br />or borough in which the lands are located has in effect a valid <br />zoning ordinance which conforms to the Secretary's zoning standards <br />simply because the Secretary previously acquired a lesser interest at <br />a lesser cost when the local jurisdiction did not have the appropriate <br />zoning requirements. (January 14, 1974) <br /> <br />14 <br /> <br />\ <br />