Title 16, ConservationRelease 119-110

§459i–3 Acquisition of Property

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXIII — NATIONAL SEASHORE RECREATIONAL AREAS › § 459i–3

Last updated Sep 22, 2026|Official source

Summary

Owners of houses the government buys can keep living there for noncommercial residential use either for 25 years or until the later of the owner’s or spouse’s death, if they choose that instead. The Secretary can refuse that right only if the land is needed for visitor facilities or to run the seashore. When an owner keeps that right, the Secretary pays the owner the fair market value of the land at purchase minus the value of the right the owner kept. If the owner starts using the place for business, the Secretary can end the right for the whole property and must pay the owner the fair market value, as of that date, of whatever time was left on the right. If land of 100 acres or more was donated and the donors keep use rights, the Secretary may only build trails, road access, and utilities on those lands while the rights last. When buying from the National Park Foundation, prior written terms made before January 1, 1973, continue to control. “Improved property” means a detached noncommercial home whose construction began before February 1, 1970, plus the nearby land and small buildings needed to use the home. For Little Cumberland Island, no land may be bought without the owner’s consent for one year from October 23, 1972, unless otherwise stated. If owners put their land in an irrevocable preservation trust that the Secretary approves, the Secretary cannot buy those lands while the trust is in effect and the land is used as the trust requires. If the Secretary finds, during that one-year period, that land on Little Cumberland Island is threatened with development that would harm the trust, the Secretary may acquire it by the usual authorities.

Full Legal Text

Title 16, §459i–3

Conservation, Source: USLM XML via OLRC

(a)Private right of use and occupancy for residential purposes for fixed term of years or for life; election by owner; exception of property for visitor facilities or administration of seashore; compensation; contemporaneous restriction on development of public use facilities; lands, waters, and interests from National Park Foundation

With the exception of any property deemed necessary by the Secretary for visitor facilities or administration of the seashore, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for noncommercial residential purposes, for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. The owner shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner: Provided, however, That, in addition, for so long as a right of use and occupancy remains in effect by the donors of land of one hundred acres or more, the Secretary shall not, with respect to such lands, develop any public use facilities except for trails, road access, and utilities: Provided further, That when acquiring lands, waters, and interests therein from the National Park Foundation, its successors and assigns, the Secretary shall acquire such lands, waters, and interests subject to the written terms and conditions contained in those transactions, including but not limited to options, entered into by the National Park Foundation prior to January 1, 1973, and that such previous written rights and interests shall prevail over provisions of this subsection.

(b)Commercial use prohibition; termination of use and occupancy upon tender of compensation

A right of use and occupancy retained or enjoyed pursuant to this section may be terminated with respect to the entire property by the Secretary upon his determination that the property or any portion thereof has ceased to be used for noncommercial residential purposes and upon tender to the holder of a right an amount equal to the fair market value, as of the date of tender, of that portion of the right which remains unexpired on the date of termination.

(c)“Improved property” defined

The term “improved property”, as used in this section shall mean a detached, noncommercial residential dwelling, the construction of which was begun before February 1, 1970 (hereinafter referred to as “dwelling”), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

(d)Little Cumberland Island; acquisition restrictions

(1)In order to provide an opportunity for the establishment of a natural and scenic preserve by voluntary private action of certain owners of lands within the seashore, and notwithstanding anything to the contrary herein contained, no lands or interests in lands shall be acquired on Little Cumberland Island without the consent of the owner, for a period of one year from October 23, 1972, except as specifically otherwise provided herein.

(2)In the event that the owners of land on Little Cumberland Island enter into an irrevocable trust or some other irrevocable agreement for the preservation of the resources of Little Cumberland Island which, in the judgment of the Secretary, assures the protection of the resources in a manner consistent with the purposes for which the seashore is established, the authority of the Secretary to acquire such lands shall be suspended for such time as the trust is in effect and the lands are used and occupied in accordance therewith.

(3)If, at any time during the one-year period following October 23, 1972, the Secretary determines that any lands on Little Cumberland Island are threatened with development, or other uses, inconsistent with the establishment or continuation of the trust herein referred to, then the Secretary may acquire such lands, or interests therein, by any of the methods provided for in section 459i–1 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 459i–3

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110