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<br />003173
<br />
<br />6.5 Does the owner of "improved property" have a rip;ht to retain use and
<br />occupancy for noncommercial residential purposes for a life term or a
<br />fixed term 01' ycnrs even thouvh his property is acquired by condemna-
<br />---- , --
<br />tio" proceedin~s?
<br />
<br />Yes, unless a subsequent Act of Congress should provide otherwise.
<br />Section 6(g) permits. any property O'Wller of "improved property", to
<br />retain such rights. It is immaterial whether the "improved property"
<br />1s 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 />v111.n..(';~pr borouo;h which has in force a valid zonin" ordinance accept-
<br />able to the Secretary. If other jurisdictions. such as counties,
<br />township~u~incorporated to,ms, villa~es, etc., have valid zoroing
<br />~nces, is the Secretary bound by the prohibition under this
<br />section of the Act?
<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 conforms 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 nows 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 />6.7 Suppose the SecretarY had acquired a scenic easement in an incorporated
<br />jurisdiction that h~d no v~lid zonin~ ordinance at the time but which
<br />subsequentl" enacted a valid zonin" ordinance. In the event the
<br />Secretary later sou~~t to acquire in full title a piece of land within
<br />the zoned area for project purDOses, has he the authority to acquire
<br />that property by condemnation under the provisions of the Act?
<br />
<br />No. Condemnation authority under subsection 6(c) applies at that point
<br />1n 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 le~ser interest at
<br />a lesser cost when the local jurisdiction did not have the appropriate
<br />zoning requirements. (January 14, 1974)
<br />
<br />14
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