2011 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle II - PUBLIC BUILDINGS AND WORKS (§§ 3101 - 9507)
Part D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA (§§ 8101 - 9507)
Chapter 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION (§§ 8701 - 8737)
Subchapter IV - ACQUIRING AND DISPOSING OF LAND (§§ 8731 - 8737)
Section 8732 - Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land...

(a) In General.—The National Capital Planning Commission in accordance with this chapter may acquire, for and on behalf of the Federal Government, by gift, devise, purchase, or condemnation—

(1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor; and

(2) permanent rights in land adjoining park property sufficient to prevent the use of the land in certain specified ways which would essentially impair the value of the park property for its purposes.

(b) Prerequisites to Acquisition.—

(1) Fee title to land subject to limited rights.—The reservation of rights to the grantor shall not continue beyond the life of the grantor of the fee. The Commission must decide that the permanent public park purposes for which control over the land is needed are not essentially impaired by the reserved rights and that there is a substantial saving in cost by acquiring the land subject to the limited rights as compared with the cost of acquiring unencumbered title to the land.

(2) Permanent rights in land adjoining park property.—The Commission must decide that the protection and maintenance of the essential public values of the park can be secured more economically by acquiring the permanent rights than by acquiring the land.

(c) Presidential Approval Required.—All contracts to acquire land or rights under this section are subject to the approval of the President.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)

In subsection (a), the text of 40:72a (1st par.) is omitted as unnecessary.