43 C.F.R. § 8.3
Easements
Easements in lieu of fee title may be taken only for lands that meet all of the following conditions:
(a) Lands lying above the storage pool.
(b) Lands in remote portions of the project area.
(c) Lands determined to be of no substantial value for protection or enhancement of fish and wildlife resources, or for public outdoor recreation.
(d) It is to the financial advantage of the Government to take easements in lieu of fee title.
Notes of Decisions
Cited in 2
cases, 1969–1983 · leading case: United States v. 255.25 Acres of Land, 712 F.2d 1263 (8th Cir. 1983).
United States v. 255.25 Acres of Land, 712 F.2d 1263 (8th Cir. 1983). “9108 (1966)); Joint Policy for Land Acquisition on Reservoir Projects, 43 C.F.R. § 8.3 (codifying rule published in 19 Fed.”
United States v. 1,972.27 Acres of Land, 297 F. Supp. 1137 (W.D. Okla. 1969). “43 C.F.R. 8.3, 16 U.S.C. § 661 et seq. The Court finds no bad faith, arbitrariness or abuse of discretion on the Government’s part in the taking of the property of Defendants.”
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