36 C.F.R. § 251.59

Transfer of authorized improvements

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If the holder through death, voluntary sale, transfer, or enforcement of a valid legal proceeding or operation of law ceases to be the owner of the authorized improvements, the special use authorization terminates upon change of ownership and issuance of a new special use authorization to another party for the authorized use and occupancy. Except for leases and easements issued under § 251.53(e), (j), and (l) that are assignable in accordance with their terms, the new owner of the authorized improvements must apply for and receive a new special use authorization. The new owner must meet requirements under applicable regulations of this subpart and agree to comply with the terms of the authorization and any new terms warranted by existing or prospective circumstances. Assignment of leases and easements must comply with all terms governing their assignment.

[88 FR 84709, Dec. 6, 2023]

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001).

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Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001). “See 36 C.F.R. § 251.59 . A special use permit may be terminated, revoked or suspended; such decisions are subject to appellate review within the Department.”

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