10 USC 2668a – Easements: granting restrictive easements in connection with land conveyances
(a)
Terms Used In 10 USC 2668a
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
(b)
(1) a State or local government; or
(2) a qualified organization, as that term is defined in section 170(h) of the Internal Revenue Code of 1986 (26 U.S.C. 170(h)).
(c)
(1) the proposed recipient of the easement consents to the receipt of the easement;
(2) the Secretary concerned determines that the easement is in the public interest and the conservation purpose to be promoted by the easement cannot be effectively achieved through the application of State law by the State or a local government without the grant of restrictive easements;
(3) the jurisdiction that encompasses the property to be subject to the easement authorizes the grant of restrictive easements; and
(4) the Secretary can give or assign to a third party the responsibility for monitoring and enforcing easements granted under this section.
(d)
(e)
(f)