To preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States.
PL 109-272 (H.R.5683), enacted 08/14/2006

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 pro-
viding 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 sac-
rificed 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 invali-
date 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]
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120 STAT. 771
PUBLIC LAW 109–272—AUG. 14, 2006
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 com-
pensation 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 judg-
ment and shall be made from the permanent judgment appropria-
tion 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 jurisdic-
tion to determine the just compensation with respect to the taking
of such property.
(c) MAINTENANCE.—Upon acquisition of the Mt. Soledad Vet-
erans 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.
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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.
of the Mt. Soledad Veterans Memorial by the United States, the
boundaries of the Memorial may not be expanded.
Approved August 14, 2006.
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