Two exceptions to this compensable interest prohibition exist:

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Terms Used In 36 CFR 51.42

  • Contract: A legal written agreement that becomes binding when signed.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(a) The prohibition will not apply to real property improvements lawfully constructed by a concessioner with the written approval of the Director in accordance with the express terms of a 1965 Act concession contract; and

(b) The prohibition will not apply to real property improvements constructed and owned in fee simple by a concessioner or owned in fee simple by a concessioner’s predecessor before the land on which they were constructed was included within the boundaries of the applicable park area.