§ 11588 Compensation For Forest Improvements

This law says that if the government takes away someone's right to use national forest or park land for a project, they must buy or take the buildings or improvements that person made on the land. They have to pay the lower amount between what the improvements were worth before the permit was canceled or what it would cost to replace them minus wear and tear.

Key Takeaways

•If the government takes away your right to use national forest or park land for a project, they must buy your buildings or improvements.
•They will pay you the lower amount between what your improvements were worth before the permit was canceled or the cost to replace them minus wear and tear.
•This law does not apply to improvements on land where you only have a right-of-way, like a road or path.

Example

Imagine you built a small cabin on national forest land with a permit. The government decides to build a road through that land and cancels your permit.

The government must buy your cabin from you. They will pay you either what the cabin was worth before your permit was canceled or how much it would cost to build a new one minus the wear and tear, whichever is less.

How to Calculate

Value = min(Value of improvements before permit revocation, Replacement cost - Depreciation)

Find out what the improvements (like a cabin) were worth before the permit was canceled.
Calculate how much it would cost to replace the improvements today.
Subtract the depreciation (wear and tear) from the replacement cost.
The government pays the smaller amount between the value before permit revocation and the replacement cost minus depreciation.

You built a cabin on national forest land 10 years ago. The cabin was worth $50,000 before the permit was canceled. Today, it would cost $60,000 to build a new one, but because it's 10 years old, it has lost $20,000 in value due to wear and tear.

Result: The government will pay $40,000 (which is $60,000 - $20,000) because it is less than $50,000.

Whenever the right of occupancy of any person upon national forest or national park lands is terminated because of the construction of the project, the department shall, in connection with the construction of the project, acquire, by purchase or condemnation, any buildings or improvements constructed upon such lands by the person. In any such purchase or condemnation proceedings, the department shall pay the value of the improvements in place as the value existed prior to revocation of the federal permit or their replacement cost, less depreciation, whichever is lesser. This section is not applicable to improvements located on right-of-way across national forest or national park lands. (Added by Stats. 1965, Ch. 1570.)

Key Takeaways

•If the government takes away your right to use national forest or park land for a project, they must buy your buildings or improvements.
•They will pay you the lower amount between what your improvements were worth before the permit was canceled or the cost to replace them minus wear and tear.
•This law does not apply to improvements on land where you only have a right-of-way, like a road or path.

Example

Imagine you built a small cabin on national forest land with a permit. The government decides to build a road through that land and cancels your permit.

How to Calculate

Value = min(Value of improvements before permit revocation, Replacement cost - Depreciation)

Find out what the improvements (like a cabin) were worth before the permit was canceled.
Calculate how much it would cost to replace the improvements today.
Subtract the depreciation (wear and tear) from the replacement cost.
The government pays the smaller amount between the value before permit revocation and the replacement cost minus depreciation.

Result: The government will pay $40,000 (which is $60,000 - $20,000) because it is less than $50,000.

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 11588 Compensation For Forest Improvements

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References