Inholding
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An inholding is
privately owned A privately held company (or simply a private company) is a company whose shares and related rights or obligations are not offered for public subscription or publicly negotiated in the respective listed markets, but rather the company's stock is ...
land inside the boundary of a
national park A national park is a natural park in use for conservation purposes, created and protected by national governments. Often it is a reserve of natural, semi-natural, or developed land that a sovereign state declares or owns. Although individual ...
, national forest,
state park State parks are parks or other protected areas managed at the sub-national level within those nations which use "state" as a political subdivision. State parks are typically established by a state to preserve a location on account of its natural ...
, or similar publicly owned,
protected area Protected areas or conservation areas are locations which receive protection because of their recognized natural, ecological or cultural values. There are several kinds of protected areas, which vary by level of protection depending on the ena ...
. In-holdings result from private ownership of lands predating the designation of the park or forest area, or the expansion of the park area to encompass the privately owned property. In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, the main causes of inholdings is that all of the Federal land-management agencies were formed over a century after the government sold and issued land grants to private citizens to fund the administration of the United States. When the park system was formed, many of these now-called "inholdings" had been in private ownership for generations and not available for sale when the park was formed. Over the last several decades,
conservation groups The conservation movement, also known as nature conservation, is a political, environmental, and social movement that seeks to manage and protect natural resources, including animal, fungus, and plant species as well as their habitat for the ...
have lobbied the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
to acquire private residences especially within designated wilderness areas, either by direct purchase or via land exchange which trades the inholding for other federal lands located outside of national parks or wilderness areas.


Rights and regulations

Generally, owners of inholdings are allowed to use their properties in a manner similar to other private property owners in their state. However, they may be subject to additional federal and agency-specific regulations regarding access to their homes and use of their lands by their Federal agency neighbors. Under the Wilderness Act (1964), the designated area cannot include the privately owned property within the border. Under the Act, federal agencies have an obligation to provide property owners "adequate access" across public lands should their property lie within the designated wilderness boundary. As such, many public agencies have allowed limited use roads to be built in wilderness areas. Under the
Eastern Wilderness Act The Eastern Wilderness Areas Act () was signed into law by President Gerald Ford on January 3, 1975. The Act designated 16 new wilderness areas in the Eastern United States, including of wilderness on national lands in 13 states. ...
, public agencies are allowed to seize wilderness inholdings if the owner of the inholding manages his land in a manner "incompatible with management of such area as wilderness".


Notes


References

* {{cite journal , last = Tanner , first = Randy , date=December 2002 , title = Inholdings within Wilderness: Legal Foundations, Problems, and Solutions , journal = International Journal of Wilderness , volume = 8 , issue = 3 , pages = 9–14 , url = https://winapps.umt.edu/winapps/media2/wilderness/NWPS/documents/Tanner1.pdf , access-date = 2007-02-22


External links


National Inholders Association
Land management in the United States Property law in the United States Protected areas of the United States