PRIA, Government Policy, Made Personal

Summary

The Secretary of the Interior can buy, take by donation, swap, or otherwise get land, water, and other property inside the national seashore. The Secretary may add up to 112 acres on the mainland in Worcester County, Maryland. When land is bought by negotiated purchase, owners must be paid the fair market value. Property owned by Maryland or Virginia can only be acquired if that State agrees. Federal property already inside the seashore can be turned over to the Secretary for seashore use if the agency in charge agrees and no payment is needed. The Secretary can also trade: accept a private property inside the seashore and give the owner some federal property in Maryland or Virginia that is suitable for exchange. The exchanged properties should be about equal in value, and cash can be paid by either side to even things out. The Secretary may accept a donated scenic easement for the “Woodcock Property” even if acreage limits apply. The Secretary may buy the Chincoteague-Assateague Bridge and related property from the Bridge and Beach Authority and must pay enough so the Authority can meet its valid debts; such property, even if outside the seashore lines, will be managed for seashore purposes. Definitions: “improved property” — either a single-family house started before January 1, 1964 with up to 3 acres, or bay-front hunting property used mainly for hunting. Owners of such improved property may keep a noncommercial residential or hunting right of use for up to 25 years; the Secretary pays the property value minus the value of that reserved right, and may set appearance rules for buildings.

Title 16, §459f–1

Conservation, Source: USLM XML via OLRC

(a)Within the boundaries of the seashore, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to acquire lands, waters, and other property, or any interest therein, by donation, purchase with donated or appropriated funds, exchange, or in such other method as he may find to be in the public interest. The Secretary is authorized to include within the boundaries of the seashore, not to exceed 112 acres of land or interests therein on the mainland in Worcester County, Maryland. In the case of acquisition by negotiated purchase, the property owners shall be paid the fair market value by the Secretary. Any property or interests therein owned by the States of Maryland or Virginia shall be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within the boundaries of the seashore may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for purposes of the seashore.

(b)When acquiring lands by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the seashore and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary which the Secretary classifies suitable for exchange or other disposal, and which is located in Maryland or Virginia. The properties so exchanged shall be approximately equal in fair market value, but the Secretary may accept cash from or pay cash to the grantor in order to equalize the values of the properties exchanged. Notwithstanding the acreage limitation set forth in sections 459f to 459f–11 of this title, the Secretary is authorized to accept the donation of a scenic easement covering the parcel of land adjacent to the seashore and known as the “Woodcock Property”.

(c)The Secretary is authorized to acquire all of the right, title, or interest of the Chincoteague-Assateague Bridge and Beach Authority, a political subdivision of the State of Virginia, in the bridge constructed by such authority across the Assateague Channel, together with all lands or interests therein, roads, parking lots, buildings, or other real or personal property of such authority, and to compensate the authority in such amount as will permit it to meet its valid outstanding obligations at the time of such acquisition. Payments by the Secretary shall be on such terms and conditions as he shall consider to be in the public interest. Any of the aforesaid property outside the boundaries of the national seashore, upon acquisition by the Secretary, shall be subject to his administration for purposes of the seashore.

(d)Owners of improved property acquired by the Secretary may reserve for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes or for hunting purposes, as hereinafter provided, for a term that is not more than twenty-five years. In such cases, the Secretary shall pay to the owner of the property the fair market value thereof less the fair market value of the right retained by such owner: Provided, That such use and occupancy shall be subject to general rules and regulations established by the Secretary with respect to the outward appearance of any buildings on the lands involved. The term “improved property” as used in sections 459f to 459f–11 of this title shall mean (1) any single-family residence the construction of which was begun before January 1, 1964, and such amount of land, not in excess of three acres, on which the building is situated as the Secretary considers reasonably necessary to the noncommercial residential use of the building, and (2) any property fronting on the Chincoteague Bay or Sinepuxent Bay, including the offshore bay islands adjacent thereto, that is used chiefly for hunting and continues in such use: Provided, That the Secretary may exclude from improved properties any marsh, beach, or waters, together with so much of the land adjoining such marsh, beach, or waters as he deems necessary for public use or public access thereto.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–320, § 1(1), (2), amended second and last sentences generally, substituting reference to 112 acres for reference to sixteen acres for an administrative site in second sentence and striking out reference in last sentence to sixteen acres of Federal property on the mainland in Worcester County, Maryland. Subsec. (b). Pub. L. 102–320, § 1(3), (4), amended first sentence generally, striking out reference to not more than sixteen acres of non-Federal property on the mainland in Worcester County, Maryland, and inserted at end “Notwithstanding the acreage limitation set forth in sections 459f to 459f–11 of this title, the Secretary is authorized to accept the donation of a scenic easement covering the parcel of land adjacent to the seashore and known as the ‘Woodcock Property’.” 1990—Subsecs. (a), (b). Pub. L. 101–512 substituted “sixteen acres” for “ten acres” wherever appearing.

§459f–1 Acquisition of Property

Summary

Title 16, §459f–1

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata