Such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the Secretary of Agriculture, in no manner interfere with the use of the lands so encumbered, for the purposes of this Act. Such rights of way, easements, and reservations retained by the owner from whom the United States receives title, shall be subject to the rules and regulations prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and administration, and such rules and regulations shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, occupation, and operation of such rights of way, easements, and reservations shall be under, subject to, and in obedience with the rules and regulations so expressed.
Notes of Decisions
Minard Run Oil Co. v. United States Forest Serv., 670 F.3d 236 (3rd Cir. 2011).
· cites it 5× “16 U.S.C. § 518 . Reserved rights are usually referred to by the year of promulgation of the regulations in effect at the time of federal acquisition, i.”
United States v. Tommy A. Srnsky David M. Srnsky, 271 F.3d 595 (4th Cir. 2001).
· cites it 2× “But even if we assume that section 551 applies to land acquired under the Weeks Act and that the general language of section 551 could be read to allow the Secretary to regulate state common law easements, we conclude that a provision of the Weeks Act, 16 U.S.C. § 518 ,…”
Minard Run Oil Co. v. United States Forest Serv., 894 F. Supp. 2d 642 (W.D. Pa. 2012).
· cites it 6× “(citing 16 U.S.C. § 518 ). In that regard, we observed: [T]he Weeks Act, by its terms, restricts the Secretary’s ability to burden the *655 dominant estate to those rules and regulations that are contained in the instrument of conveyance: Such rights of way, easements, and…”
Burlison v. United States, 533 F.3d 419 (6th Cir. 2008).
“at 600; that even assuming that § 551 authorized the Secretary of Agriculture to regulate common-law easements, 16 U.S.C. § 518 precluded this regulation, id.”
United States v. Nebo Oil Co., 90 F. Supp. 73 (W.D. La. 1950).
· cites it 2× “ollows: “Such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the National Forest Reservation Commission and the Secretary of Agriculture, in…”
Izaak Walton League of Am. v. St. Clair, 353 F. Supp. 698 (D. Minnesota 1973).
“16 U.S.C. § 518 . There are thus two categories or types of reservations: those reserved by grantors in deeds to the United States and those already existing in third parties at the time the United States acquired the surface rights.”
United States v. S. Power Co., 31 F.2d 852 (4th Cir. 1929).
· cites it 2× “In this case, however, defendant was aiding the government to acquire title to land which it did not own; and the only title which the government now has was acquired by virtue of an agreement which was in substance authorized by the Act of March 4, 1913 (16 USCA § 518). We say…”
United States v. Srnsky (4th Cir. 2001).
· cites it 2× “But even if we assume that section 551 applies to land acquired under the Weeks Act and that the general language of section 551 could be read to allow the Secretary to regulate state common law easements, we conclude that a provision of the Weeks Act, 16 U.S.C. § 518 ,…”
Burlison v. United States (6th Cir. 2008).
“at 600; that even assuming that § 551 authorized the Secretary of Agriculture to regulate common-law easements, 16 U.S.C. § 518 precluded this regulation, id.”
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