--- kind: "section" citation: "16 U.S.C. § 459i–3" title: "16" title_heading: "Conservation" number: "459i–3" heading: "Acquisition of property" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/459i-3" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter LXIII — National Seashore Recreational Areas" --- # §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](/usc/16/410r–5.md?p=c-1) for visitor facilities or administration of the seashore, any [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition of such [acquisition](/usc/16/620e.md?p=1), 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](/usc/16/429b–3.md?p=4) or his spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the fair market value of the property on the date of such [acquisition](/usc/16/620e.md?p=1) less the fair market value on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4): Provided, however, That, in [addition](/usc/16/410r–5.md?p=c-2), 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-3) [Foundation](/usc/16/450ss–1.md?p=1), its successors and assigns, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1) 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](/usc/16/410r–5.md?p=c-3) [Foundation](/usc/16/450ss–1.md?p=1) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/251h.md?p=2)”, 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/698u–1.md?p=2) by voluntary private action of certain [owners](/usc/16/429b–3.md?p=4) 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](/usc/16/429b–3.md?p=4), for a period of one year from October 23, 1972, except as specifically otherwise provided herein. - (2) In the event that the [owners](/usc/16/429b–3.md?p=4) of land on Little Cumberland Island enter into an irrevocable [trust](/usc/16/450ss–1.md?p=4) or some other irrevocable agreement for the preservation of the resources of Little Cumberland Island which, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), assures the protection of the resources in a manner consistent with the purposes for which the seashore is established, the authority of the [Secretary](/usc/16/410r–5.md?p=c-1) to [acquire](/usc/16/620e.md?p=1) such lands shall be suspended for such time as the [trust](/usc/16/450ss–1.md?p=4) 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](/usc/16/410r–5.md?p=c-1) determines that any lands on Little Cumberland Island are threatened with development, or other uses, inconsistent with the establishment or continuation of the [trust](/usc/16/450ss–1.md?p=4) herein referred to, then the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) such lands, or interests therein, by any of the methods provided for in [section 459i–1 of this title](/usc/16/459i–1.md). ## Source credit (Pub. L. 92–536, § 4, Oct. 23, 1972, 86 Stat. 1066.)