---
kind: "section"
citation: "16 U.S.C. § 460s–7"
title: "16"
title_heading: "Conservation"
number: "460s–7"
heading: "Acquisition of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460s-7"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXXVII — Pictured Rocks National Lakeshore"
---

# §460s–7. Acquisition of property

- (a) **Authority of Secretary; manner and place; condemnation authority—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, subject to the limitations, conditions, and restrictions imposed by this subchapter, to [acquire](/usc/16/620e.md?p=1) the land, water, and other property, and improvements thereon, and any interests therein (including easements) within the boundary described in [section 460s–1 of this title](/usc/16/460s–1.md) by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or condemnation; except that such authority to [acquire](/usc/16/620e.md?p=1) by condemnation shall be exercised only in the manner and to the extent specifically authorized in this subchapter.
- (b) **Sale offers; hardship from delay—** In exercising his authority to [acquire](/usc/16/620e.md?p=1) property under this subchapter, the [Secretary](/usc/16/410r–5.md?p=c-1) shall give immediate and careful consideration to any offer made by an individual owning property within the lakeshore to sell such property to the [Secretary](/usc/16/410r–5.md?p=c-1). In considering any such offer, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [take](/usc/16/3102.md?p=18) into consideration any hardship to the [owner](/usc/16/429b–3.md?p=4) which might result from any undue delay in acquiring his property.
- (c) **State donations; transfer from Federal agency to administrative jurisdiction of Secretary—** Any property or interests therein, owned by the [State](/usc/16/590q.md?p=a) of Michigan, or any political [subdivisions](/usc/16/539m–1.md?p=15) thereof, may be acquired only by donation. 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 this subchapter.
- (d) **Negotiation and purchase; condemnation proceedings; fair market value—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall make every reasonable effort to [acquire](/usc/16/620e.md?p=1) property through negotiation and purchase. Where agreement is not reached and condemnation proceedings are filed, the [owner](/usc/16/429b–3.md?p=4) of such property shall be paid the fair market value thereof as determined in such proceedings.
- (e) **Condemnation to acquire clear, marketable and encumbrance-free title—** Nothing in this subchapter 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.
- (f) **Exchange of properties; cash equalization payments—** In exercising his authority to [acquire](/usc/16/620e.md?p=1) property by exchange the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to any non-Federal property within the [area](/usc/16/539m–1.md?p=1-A) designated by [section 460s–1 of this title](/usc/16/460s–1.md) for inclusion in the lakeshore, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the [State](/usc/16/590q.md?p=a) of Michigan which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the [Secretary](/usc/16/410r–5.md?p=c-1) as the circumstances require.

## Source credit

(Pub. L. 89–668, § 8, Oct. 15, 1966, 80 Stat. 923.)