The court rejected this argument, finding that Section 106 and Executive Order No. 11593 impose duties on a Federal agency that arise once the agency obtains ownership or control of property. Because condemnation is a means to acquire property and neither NHPA nor Executive Order No. 11593 limits an agency's authority to acquire property through condemnation, the court held that neither law operates as a defense to a condemnation action. 415 F. Supp. at 588.
|Go to Table of Contents||Go to Top|