§459f–1 Acquisition of property

Summary

The Secretary of the Interior can acquire land, water, and other property inside the national seashore by donation, purchase using donated or appropriated funds, exchange, or other methods he finds to be in the public interest. He may add up to 112 acres on the mainland in Worcester County, Maryland. If a property is bought by negotiation, the owner must be paid the fair market value. Property owned by the States of Maryland or Virginia can only be acquired with those states’ agreement. Federal property already inside the seashore can be transferred to the Secretary without payment if the agency that controls it agrees. When exchanging land, the Secretary can take non-Federal land inside the seashore and give federally owned land in Maryland or Virginia that he finds suitable; values should be about equal and cash may be used to even them out. The Secretary may also accept a donated scenic easement for the “Woodcock Property.” The Secretary can buy all rights that the Chincoteague‑Assateague Bridge and Beach Authority holds in its bridge and related property and pay the authority enough to cover its valid outstanding obligations, on terms the Secretary finds in the public interest. Owners of “improved property” may keep a right to live on or hunt on the property for up to 25 years. In that case, the owner is paid the fair market value minus the value of the retained right. “Improved property” means either a single‑family house whose construction began before January 1, 1964, with up to three acres needed for its noncommercial use, or property on Chincoteague Bay or Sinepuxent Bay mainly used for hunting. The Secretary may exclude marshes, beaches, waters, or nearby land needed for public use or access.