S. 164

A bill to provide for the acquisition of certain property in Washington County, Utah.

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II

109th CONGRESS

1st Session

S. 164

IN THE SENATE OF THE UNITED STATES

January 25, 2005

Mr. Bennett introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for the acquisition of certain property in Washington County, Utah.

1.

Acquisition of certain property in Washington County, Utah

(a)

Definitions

In this section:

(1)

Owner

The term owner means an owner that is able to convey to the United States clear title to property taken under subsection (b).

(2)

Reserve

The term Reserve means the Red Cliffs Reserve in Washington County, Utah.

(b)

Taking of property

Notwithstanding any other provision of law, effective 30 days after the date of enactment of this Act, there is vested in the United States all right, title, and interest in and to, and the right to immediate possession of certain land located in a master planned community development in Washington County, Utah, known as PAHO, owned by Environmental Land Technology, Ltd., Rocky Mountain Ventures, and James Doyle, within the Reserve, consisting of—

(1)

the fee simple interest in approximately 1,516 acres of real property; and

(2)

the fee simple interest in 34 acres of real property adjacent to the Reserve owned by Environmental Land Technology, Ltd.

(c)

Just compensation

(1)

In general

The United States shall pay the owner just compensation determined as of the date of enactment of this Act.

(2)

Amount

Payment of just compensation shall be in the amount equal to the sum of—

(A)

the valuation of the property determined by judgment awarded by a United States court of competent jurisdiction;

(B)

interest from the date of the enactment of this Act; and

(C)

any other costs, expenses, and damages, as determined by the court.

(3)

Interest

Interest under this subsection shall be compounded in the same manner as under subsection (b)(2)(B) of the first section of the Act of April 17, 1954 (16 U.S.C. 429b(b)(2)(B)), except that the reference in that provision to the date of enactment of the Manassas National Battlefield Park Amendments of 1988 shall be deemed to be a reference to the date of enactment of this Act.

(4)

Source of payment

Payment of the amount under paragraph (2) shall be made from appropriated funds.

(5)

Full faith and credit

The full faith and credit of the United States is pledged to the payment of any judgment entered against the United States with respect to the taking of property under subsection (b).

(6)

Administration

Any property taken under subsection (b) shall be—

(A)

included in the Reserve; and

(B)

administered by the Secretary of the Interior (acting through the Director of the Bureau of Land Management), in accordance with the laws applicable to public land, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).