WSP03291

• File Number: 7630.225
• Description: Wild and Scenic-Elk River
• State: CO
• Date: 1/1/3000
• Title: Elk WSR Study-Background Information-From Flathead River Montana Study
• Water Supply Pro - Doc Type: Report/Study

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privileg'Cs of property o1.'Tlership as private prop0rty I'WI10rH. A", a I'rlvat.
landowner, you 1\;1Ve the right to sell, trade or p,ive-m,,,y, ,,\1 or part <,(
your property and property rights. T!1e United States has the same rightH.

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The easements would contain a provision covering declassification of all
or part of the river from the National HUd' and Scenic Rivers System. In
the case of declassification all property rights acquired in the casement
would automatically revert back to the landowner.

This revision of rights "ould go to the lalOdmmer at the time, not back
to the previous landowner who made the actual conveyance to the United
States in the past.

Question:

If I should sell my land or transfer title to my children, after selling
a scenic ease~ent to the United States, must the new owners or my children
abide by the pro\" isions of the easement?

Yes. The United States purchases certain property rights. Your s~le or
disposition of your remaining rights has no bearing on ownership of the
property rights owned by tll2 United States.

Question:

'If I choose to sell my land in "fee" to the {I,,-ited States, could I con tin
to live on the property?

Yes. The Hild and Scenic Rivers Act s;Jecifically permits continued. occu-
pancy of lands sold by lando'.mers \.:ho sell fee title to the United States.
Owners sel:.1:1g only e.:J.semcnts to the. :Jni.reci SL.dtt.~ 'vould retain title Lv
their land and could occupy their property indefinitely,

Question:

Do O1.'Tlers ever donate scenic easements to the Federal Government?

Federal acquisition laws encourage the donation of 'lands and interests in
land. This type of conveyance insures the scenic preservation of lands
.for which purchase funds may be limited. These donations arc tax.deductible
in some instancl?:s. Because. of tlv~se fo.ctors. Some Q'i.mers in other areas
have dedica~ed tlwir lands for public purposes.

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