Oregon Dunes National Seashore: Hearing, 89-1, July 20, 19651965 - 122 páginas |
Termos e frases comuns
88th Congress acquire acquisition acreage acres administration agencies ALAN BIBLE amendment approximately authority beach beauty boundaries Chairman committee Coos Bay court D.C. DEAR Department Douglas County Dunes National Seashore dunes park eminent domain establish the Oregon fee simple hearings Highway 101 included industrial land exchanges legislation ment National Park Service national recreation areas Oreg Oregon Dunes area Oregon Dunes National outdoor recreation owner ownership park purposes percent power of condemnation present private land private property proposed seashore protect public interest public lands public necessity question recreational facilities sand dunes scenic easements seashore area Secretary Senator from Oregon Senator GRUENING Senator JORDAN Senator MORSE Senator Neuberger Senator SIMPSON senior Senator shore shoreline Siltcoos Siltcoos Lake Siuslaw National Forest Siuslaw River SPARROW statement subcommittee Tahkenitch Lake taking Tenmile Creek thence timber tion tional tree farm U.S. Forest Service U.S. Senate Washington
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Página 93 - Federal Executive Branch Policy Governing the Selection, Establishment, and Administration of National Recreation Areas.
Página 41 - 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...
Página 47 - 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 any federally owned property under his jurisdiction in the State of Idaho which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the...
Página 24 - 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 26 - 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 22 - 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.