§ 459i-3. — Acquisition of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459i-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459i-3. Acquisition of property
(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.
(Pub. L. 92-536, Sec. 4, Oct. 23, 1972, 86 Stat. 1066.)
Section Referred to in Other Sections
This section is referred to in sections 459i-2, 459i-5, 459i-6,
459i-7 of this title.
