---
kind: "section"
citation: "16 U.S.C. § 459e–1"
title: "16"
title_heading: "Conservation"
number: "459e–1"
heading: "Acquisition of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/459e-1"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXIII — National Seashore Recreational Areas"
---

# §459e–1. Acquisition of property

- (a) **Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary; liability of United States under contracts contingent on appropriations—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1), and it is the intent of Congress that he shall [acquire](/usc/16/620e.md?p=1) as appropriated funds become available for the purpose or as such [acquisition](/usc/16/620e.md?p=1) can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise, the lands, waters, and other property, and improvements thereon and any interest therein, within the boundaries of the seashore as established under [section 459e of this title](/usc/16/459e.md). Any property or interest therein owned by the [State](/usc/16/590q.md?p=a) of New York, by Suffolk County, or by any other political [subdivision](/usc/16/539m–1.md?p=15) of said [State](/usc/16/590q.md?p=a) may be acquired only with the concurrence of such [owner](/usc/16/429b–3.md?p=4). Notwithstanding any other provision of law, any Federal property located within such [area](/usc/16/539m–1.md?p=1-A) may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for use by him in carrying out the provisions of sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title. In exercising his authority to [acquire](/usc/16/620e.md?p=1) property in accordance with the provisions of this subsection, the [Secretary](/usc/16/410r–5.md?p=c-1) may enter into contracts requiring the expenditure, when appropriated, of funds authorized by sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred.
- (b) **Establishment; notice in Federal Register—** When the [Secretary](/usc/16/410r–5.md?p=c-1) determines that lands and waters or interests therein have been acquired by the United States in sufficient quantity to provide an administrative [unit](/usc/16/430f–7.md?p=4), he shall declare the establishment of the Fire Island National Seashore by publication of notice in the Federal Register.
- (c) **Fair market value—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay not more than the fair market value, as determined by him, for any land or interest therein acquired by purchase.
- (d) **Exchange of property; cash equalization payments—** When acquiring land by exchange the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to any nonfederally owned land located within the boundaries of the national seashore and convey to the grantor any federally owned land under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1). The lands so exchanged shall be approximately equal in fair market value, but the [Secretary](/usc/16/410r–5.md?p=c-1) may accept cash from or pay cash to the grantor in order to equalize the values of the lands exchanged.
- (e) **Limitation of condemnation power during existence of zoning ordinance; Davis Park-Smith Point County Park area exception; beneficial owner’s election of alternatives as condition for acquisition—** With one exception the [Secretary](/usc/16/410r–5.md?p=c-1) shall not [acquire](/usc/16/620e.md?p=1) any privately owned [improved property](/usc/16/251h.md?p=2) or interests therein within the boundaries of the seashore or any property or interests therein within the communities delineated on the boundary [map](/usc/16/430f–7.md?p=1) mentioned in [section 459e of this title](/usc/16/459e.md), except beach or waters and adjoining land within such communities which the [Secretary](/usc/16/410r–5.md?p=c-1) determines are needed for public access to the beach, without the consent of the [owners](/usc/16/429b–3.md?p=4) so long as the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that is satisfactory to the [Secretary](/usc/16/410r–5.md?p=c-1). The sole exception to this limitation on the power of the [Secretary](/usc/16/410r–5.md?p=c-1) to condemn [improved property](/usc/16/251h.md?p=2) where appropriate zoning ordinances exist shall be in the approximately eight-mile [area](/usc/16/539m–1.md?p=1-A) from the easterly boundary of the Brookhaven town [park](/usc/16/410r–5.md?p=c-3) at Davis [Park](/usc/16/410r–5.md?p=c-3), in the town of Brookhaven, to the westerly boundary of the Smith Point County [Park](/usc/16/410r–5.md?p=c-3). In this [area](/usc/16/539m–1.md?p=1-A) only, when the [Secretary](/usc/16/410r–5.md?p=c-1) deems it advisable for carrying out the purposes of sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title or to improve the contiguity of the [park](/usc/16/410r–5.md?p=c-3) land and ease its administration, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) any land or improvements therein by condemnation. In every case in which the [Secretary](/usc/16/410r–5.md?p=c-1) exercises this right of condemnation of [improved property](/usc/16/251h.md?p=2) the beneficial [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) (not being a corporation) of any [improved property](/usc/16/251h.md?p=2) so condemned, provided he, she, or they held the same or a greater estate in the property on July 1, 1963, may elect as a condition of such [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) any one of the following three alternatives:
  - (1) that the [Secretary](/usc/16/410r–5.md?p=c-1) shall [take](/usc/16/3102.md?p=18) the said property in fee simple absolute and pay the fair market value thereof as of the date of such [taking](/usc/16/3102.md?p=18);
  - (2) that the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) shall retain a life estate in said property, measured on the life of the sole [owner](/usc/16/429b–3.md?p=4) or on the life of any one [person](/usc/16/450rr–1.md?p=b) among multiple [owners](/usc/16/429b–3.md?p=4) (notice of the [person](/usc/16/450rr–1.md?p=b) so designated to be filed in writing with the [Secretary](/usc/16/410r–5.md?p=c-1) within six months after the [taking](/usc/16/3102.md?p=18)) or on the life of the survivor in title of any estate held on July 1, 1963, as a tenancy by the entirety. The price in such case shall be diminished by the actuarial fair market value of the life estate retained, determined on the basis of standard actuarial methods;
  - (3) that the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) shall retain an estate for twenty-five years. The price in this case shall likewise be diminished by the value of the estate retained.
- (f) **“Improved property” defined—** The term “[improved property](/usc/16/251h.md?p=2)” as used in sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title shall mean any building, the construction of which was begun before July 1, 1963, and such amount of land, not in excess of two acres in the case of a residence or ten acres in the case of a commercial or industrial use, on which the building is situated as the [Secretary](/usc/16/410r–5.md?p=c-1) considers reasonably necessary to the use of the building: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may exclude from [improved properties](/usc/16/251h.md?p=2) any beach or waters, together with so much of the land adjoining such beach or waters as he deems necessary for public access thereto.
- (g) **Undeveloped tracts and property; suspension of condemnation authority; natural state—** The authority of the [Secretary](/usc/16/410r–5.md?p=c-1) to condemn undeveloped tracts within the Dune District as depicted on [map](/usc/16/430f–7.md?p=1) entitled “Fire Island National Seashore” numbered OGP–0004 dated May, 1978, is suspended so long as the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of the undeveloped property therein maintain the property in its natural [state](/usc/16/590q.md?p=a). Undeveloped property within the Dune District that is acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) shall remain in its natural [state](/usc/16/590q.md?p=a).
- (h) **Sale of property acquired by condemnation; excepted properties; proceeds available for acquisition of property—**
  - (1)
    - (A) The [Secretary](/usc/16/410r–5.md?p=c-1) shall sell any property described in subparagraph (B) of this paragraph acquired by condemnation under sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title to the highest bidder; except that—
      - (i) no property shall be sold at less than its fair market value; and
      - (ii) no property shall be sold unless it is sold subject to covenants or other restrictions that will ensure that the use of such property conforms—
        - (I) to the standards specified in regulations issued under [section 459e–2(a) of this title](/usc/16/459e–2.md?p=a) which are in effect at the time of such sale, and
        - (II) to any approved zoning ordinance or amendment thereof to which such property is subject.
    - (B) The property referred to in subparagraph (A) of this paragraph is any property within the boundaries of the national seashore as delineated on the [map](/usc/16/430f–7.md?p=1) mentioned in [section 459e of this title](/usc/16/459e.md) except—
      - (i) property within the Dune district referred to in [subsection (g)](#g) of this section;
      - (ii) beach or waters and adjoining land within the exempt communities referred to in the first sentence of [subsection (e)](#e) of this section; and[^1]
      - (iii) property within the eight-mile [area](/usc/16/539m–1.md?p=1-A) described in the second sentence of [subsection (e)](#e) of this section; and
      - (iv) any property acquired prior to October 1, 1982, that the [Secretary](/usc/16/410r–5.md?p=c-1) determines should be retained to further the purpose of sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title.
  - (2) Notwithstanding any other provision of law, all moneys received from sales under paragraph (1) of this subsection may be retained and shall be available to the [Secretary](/usc/16/410r–5.md?p=c-1), without further appropriation, only for purposes of acquiring property under sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title.
- (i) **Injunctive relief; termination—**
  - (1) Upon or after the commencement of any action for condemnation with respect to any property under sections [459e](/usc/16/459e.md) to [459e–9](/usc/16/459e–9.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1), through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prevent any use of, or construction upon, such property that—
    - (A) fails, or would result in a failure of such property, to conform to the standards specified in regulations issued under [section 459e–2(a) of this title](/usc/16/459e–2.md?p=a) in effect at the time such use or construction began; or
    - (B) in the case of undeveloped tracts in the Dune district referred to in [subsection (g)](#g) of this section, would result in such undeveloped property not being maintained in its natural [state](/usc/16/590q.md?p=a).
  - (2) Any temporary restraining order or injunction issued pursuant to such an application shall terminate in accordance with the provisions of [section 459e–2(g) of this title](/usc/16/459e–2.md?p=g).

## Footnotes

[^1]: So in original. The word “and” probably should not appear.

## Source credit

(Pub. L. 88–587, § 2, Sept. 11, 1964, 78 Stat. 929; Pub. L. 95–625, title III, § 322(b), Nov. 10, 1978, 92 Stat. 3489; Pub. L. 98–482, § 2, Oct. 17, 1984, 98 Stat. 2255.)

## Notes

### Editorial Notes

### Amendments

1984—Subsecs. (h), (i). Pub. L. 98–482 added subsecs. (h) and (i).

1978—Subsec. (g). Pub. L. 95–625 added subsec. (g).