§ 459b-3. — Acquisition by condemnation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459b-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459b-3. Acquisition by condemnation
(a) Right of use and occupancy for residential purposes for life or
fixed term of years; exercise of right of election; impairment
of interests of lienholders, etc.; right as running with land;
transfer, assignment and termination of right; computation of
compensation
(1) The beneficial owner or owners, not being a corporation, of a
freehold interest in improved property which the Secretary acquires by
condemnation may elect, as a condition to such acquisition, to retain
the right of use and occupancy of the said property for noncommercial
residential purposes for a term of twenty-five years, or for such lesser
time as the said owner or owners may elect at the time of such
acquisition.
(2) The beneficial owner or owners, not being a corporation, of a
freehold estate in improved property which property the Secretary
acquires by condemnation, who held, on September 1, 1959, with respect
to such property, an estate of the same nature and quality, may elect,
as an alternative and not in addition to whatever right of election he
or they might have under paragraph (1) of this subsection, to retain the
right of use and occupancy of the said property for noncommercial
residential purposes (i) for a term limited by the nature and quality of
his or their said estate, if his or their said estate is a life estate
or an estate pur auter vie, or (ii) for a term ending at the death of
such owner or owners, or at the death of the survivor of them, if his or
their said estate is an estate of fee simple.
(3) Where such property is held by a natural person or persons for
his or their own life or lives or for the life or lives of another or
others (such person or persons being hereinafter called ``the life
tenant''), with remainder in another or others, any right of election
provided for in paragraph (2) of this subsection shall be exercised by
the life tenant, and any right of election provided for in paragraph (1)
of this subsection shall be exercised by the concurrence of the life
tenant and the remainderman or remaindermen.
(4) The beneficial owner or owners of a term of years in improved
property which the Secretary acquires by condemnation may elect, as a
condition to such acquisition, to retain the right of use and occupancy
of the said property for noncommercial residential purposes for a term
not to exceed the remainder of his or their said term of years, or a
term of twenty-five years, whichever shall be the lesser. The owner or
owners of the freehold estate or estates in such property may, subject
to the right provided for in the preceding sentence, exercise such right
or rights of election as remain to them under paragraphs (1) and (2) of
this subsection.
(5) No right of election accorded by paragraphs (1), (2), or (4) of
this subsection shall be exercised to impair substantially the interests
of holders of encumbrances, liens, assessments, or other charges upon or
against the property.
(6) Any right or rights of use and occupancy retained pursuant to
paragraphs (1), (2), and (4) of this subsection shall be held to run
with the land, and may be freely transferred and assigned.
(7) In any case where a right of use and occupancy for life or for a
fixed term of years is retained as provided in paragraph (1), (2), or
(4) of this subsection, the compensation paid by the Secretary for the
property shall not exceed the fair market value of the property on the
date of its acquisition by the Secretary, less the fair market value on
such date of the said right retained.
(8) The Secretary shall have authority to terminate any right of use
and occupancy of property, retained as provided in paragraph (1), (2),
or (4) of this subsection, at any time after the date when any use
occurs with respect to such property which fails to conform or is in any
manner opposed to or inconsistent with any applicable standard contained
in regulations issued pursuant to section 459b-4 of this title and in
effect on said date: Provided, That no use which is in conformity with
the provisions of a zoning bylaw approved in accordance with said
section 459b-4 which is in force and applicable to such property shall
be held to fail to conform or be opposed to or inconsistent with any
such standard. In the event that the Secretary exercises the authority
conferred by this paragraph, he shall pay to the owner of the right so
terminated an amount equal to the fair market value of the portion of
said right which remained on the date of termination.
(b) Suspension of authority for one year and during existence of zoning
regulations
(1) The Secretary's authority to acquire property by condemnation
shall be suspended with respect to all improved property located within
such area in all of the towns referred to in section 459b of this title
for one year following August 7, 1961.
(2) Thereafter such authority shall be suspended with respect to all
improved property located within such area in any one of such towns
during all times when such town shall have in force and applicable to
such property a duly adopted, valid zoning bylaw approved by the
Secretary in accordance with the provisions of section 459b-4 of this
title.
(c) Suspension of authority respecting property used for commercial or
industrial purposes
The Secretary's authority to acquire property by condemnation shall
be suspended with respect to any particular property which is used for
commercial or industrial purposes during any periods when such use is
permitted by the Secretary and during the pendency of the first
application for such permission made to the Secretary after August 7,
1961 provided such application is made not later than the date of
establishment of the seashore.
(d) ``Improved property'' defined
The term ``improved property,'' wherever used in sections 459b to
459b-8 of this title, shall mean a detached, one-family dwelling the
construction of which was begun before September 1, 1959 (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. The amount of
the land so designated shall in every case be at least three acres in
area, or all of such lesser amount as may be held in the same ownership
as the dwelling, and in making such designation the Secretary shall take
into account the manner of noncommercial residential use in which the
dwelling and land have customarily been enjoyed: Provided, however, That
the Secretary may exclude from the land so designated any beach or
waters, together with so much of the land adjoining such beach or waters
as the Secretary may deem necessary for public access thereto.
(e) Acquisition of clear, marketable and encumbrance-free title
Nothing in this section or elsewhere in sections 459b to 459b-8 of
this title shall be construed to prohibit the use of condemnation as a
means of acquiring a clear and marketable title, free of any and all
encumbrances.
(Pub. L. 87-126, Sec. 4, Aug. 7, 1961, 75 Stat. 288.)
Section Referred to in Other Sections
This section is referred to in sections 459b-1, 459b-2, 459b-4 to
459b-8 of this title.
