Oregon Dunes National Seashore: Hearings, Eighty-ninth Congress, First Session on H.R. 7524. July 19, 1965
United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on National Parks and Recreation
U.S. Government Printing Office, 1965 - 138 páginas
Committee Serial No. 15. Considers H.R. 7524, to establish the Oregon Dunes National Seashore.
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Página 10 - Secretary may accept title to any non-Federal property within the boundaries of the park and recreation areas and in exchange therefor he may convey to the grantor of such property...
Página 15 - B. hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the...
Página 15 - The properties so exchanged shall be approximately equal in fair market value, provided that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged.
Página 2 - Indiana; and (6) one member to be designated by the Secretary. (c) The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the...
Página 40 - Where the intended use is public, the necessity and expediency of the taking may be determined by such agency and in such mode as the State may designate. They are legislative questions, no matter who may be charged with their decision, and a hearing thereon is not essential to due process in the sense of the fourteenth amendment.
Página 47 - improved property", as used in this section, shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1967 (hereinafter referred to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures...
Página 42 - The adjudicated cases likewise establish the proposition that, while the courts have power to determine whether the use for which private property is authorized by the legislature to be taken is in fact a public use, yet, if this question is decided in the affirmative, the judicial function is exhausted; that the extent to which such property shall be taken for such use rests wholly in the legislative discretion, subject only to the restraint that just compensation must be made.
Página 39 - Public uses are not limited, in the modern view, to matters of mere business necessity and ordinary convenience, but may extend to matters of public health, recreation and enjoyment.
Página 26 - COST AND DISBURSEMENTS. The cost and disbursements of the defendant, including a reasonable attorney's fee to be fixed by the court at the trial, shall be taxed by the clerk and recovered from the plaintiff, unless the plaintiff tendered the defendant before commencing the action an amount equal to or greater than that assessed by the jury, in which case the plaintiff shall recover his costs and disbursements from the defendant, but not including an attorney's fee.