PUBLIC LAW 109–272—AUG. 14, 2006

MT. SOLEDAD VETERANS MEMORIAL

ACQUISITION

120 STAT. 770 PUBLIC LAW 109–272—AUG. 14, 2006

Public Law 109–272

109th Congress

An Act

To preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress makes the following findings:

(1) The Mt. Soledad Veterans Memorial has proudly stood

overlooking San Diego, California, for over 52 years as a tribute

to the members of the United States Armed Forces who sacrificed their lives in the defense of the United States.

(2) The Mt. Soledad Veterans Memorial was dedicated on

April 18, 1954, as ‘‘a lasting memorial to the dead of the

First and Second World Wars and the Korean conflict’’ and

now serves as a memorial to American veterans of all wars,

including the War on Terrorism.

(3) The United States has a long history and tradition

of memorializing members of the Armed Forces who die in

battle with a cross or other religious emblem of their faith,

and a memorial cross is fully integrated as the centerpiece

of the multi-faceted Mt. Soledad Veterans Memorial that is

replete with secular symbols.

(4) The patriotic and inspirational symbolism of the Mt.

Soledad Veterans Memorial provides solace to the families and

comrades of the veterans it memorializes.

(5) The Mt. Soledad Veterans Memorial has been recognized

by Congress as a National Veterans Memorial and is considered

a historically significant national memorial.

(6) 76 percent of the voters of San Diego supported donating

the Mt. Soledad Memorial to the Federal Government only

to have a superior court judge of the State of California invalidate that election.

(7) The City of San Diego has diligently pursued every

possible legal recourse in order to preserve the Mt. Soledad

Veterans Memorial in its entirety for persons who have served

in the Armed Forces and those persons who will serve and

sacrifice in the future.

SEC. 2. ACQUISITION OF MT. SOLEDAD VETERANS MEMORIAL, SAN

DIEGO, CALIFORNIA.

(a) ACQUISITION.—To effectuate the purpose of section 116 of

division E of Public Law 108–447 (118 Stat. 3346; 16 U.S.C. 431

note), which, in order to preserve a historically significant war

memorial, designated the Mt. Soledad Veterans Memorial in San

16 USC 431 note.

Aug. 14, 2006

[H.R. 5683]

PUBLIC LAW 109–272—AUG. 14, 2006 120 STAT. 771

Diego, California, as a national memorial honoring veterans of

the United States Armed Forces, there is hereby vested in the

United States all right, title, and interest in and to, and the right

to immediate possession of, the Mt. Soledad Veterans Memorial

in San Diego, California, as more fully described in subsection

(d).

(b) COMPENSATION.—The United States shall pay just compensation to any owner of the property for the property taken

pursuant to this section, and the full faith and credit of the United

States is hereby pledged to the payment of any judgment entered

against the United States with respect to the taking of the property.

Payment shall be in the amount of the agreed negotiated value

of the property or the valuation of the property awarded by judgment and shall be made from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States

Code. If the parties do not reach a negotiated settlement within

one year after the date of the enactment of this Act, the Secretary

of Defense may initiate a proceeding in a court of competent jurisdiction to determine the just compensation with respect to the taking

of such property.

(c) MAINTENANCE.—Upon acquisition of the Mt. Soledad Veterans Memorial by the United States, the Secretary of Defense

shall manage the property and shall enter into a memorandum

of understanding with the Mt. Soledad Memorial Association for

the continued maintenance of the Mt. Soledad Veterans Memorial

by the Association.

(d) LEGAL DESCRIPTION.—The Mt. Soledad Veterans Memorial

referred to in this section is all that portion of Pueblo lot 1265

of the Pueblo Lands of San Diego in the City and County of

San Diego, California, according to the map thereof prepared by

James Pascoe in 1879, a copy of which was filed in the office

of the County Recorder of San Diego County on November 14,

1921, and is known as miscellaneous map No. 36, more particularly

described as follows: The area bounded by the back of the existing

inner sidewalk on top of Mt. Soledad, being also a circle with

radius of 84 feet, the center of which circle is located as follows:

Beginning at the Southwesterly corner of such Pueblo Lot 1265,

such corner being South 17 degrees 14′33′′ East (Record South

17 degrees 14′09′′ East) 607.21 feet distant along the westerly

line of such Pueblo lot 1265 from the intersection with the North

line of La Jolla Scenic Drive South as described and dedicated

as parcel 2 of City Council Resolution No. 216644 adopted August

25, 1976; thence North 39 degrees 59′24′′ East 1147.62 feet to

the center of such circle. The exact boundaries and legal description

of the Mt. Soledad Veterans Memorial shall be determined by

survey prepared by the Secretary of Defense. Upon acquisition

Memorandum.

120 STAT. 772 PUBLIC LAW 109–272—AUG. 14, 2006

LEGISLATIVE HISTORY—H.R. 5683:

CONGRESSIONAL RECORD, Vol. 152 (2006):

July 19, considered and passed House.

Aug. 1, considered and passed Senate.

Æ

of the Mt. Soledad Veterans Memorial by the United States, the

boundaries of the Memorial may not be expanded.

Approved August 14, 2006.