---
kind: "section"
citation: "40 U.S.C. § 8732"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "8732"
heading: "Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land adjoining park property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/40/8732"
units:
  - "Subtitle II — Public Buildings and Works"
  - "Part D — Public Buildings, Grounds, and Parks in the District of Columbia"
  - "Chapter 87 — Physical Development of National Capital Region"
  - "Subchapter IV — Acquiring and Disposing of Land"
---

# §8732. Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land adjoining park property

- (a) **In General.—** The [National Capital](/usc/40/8702.md?p=2) Planning [Commission](/usc/40/15101.md?p=1) in accordance with this chapter may acquire, for and on behalf of the [Federal Government](/usc/40/3701.md?p=a), by gift, devise, purchase, or condemnation—
  - (1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor; and
  - (2) permanent rights in land adjoining park [property](/usc/40/102.md?p=9) sufficient to prevent the use of the land in certain specified ways which would essentially impair the value of the park [property](/usc/40/102.md?p=9) for its purposes.
- (b) **Prerequisites to Acquisition.—**
  - (1) **Fee title to land subject to limited rights.—** The reservation of rights to the grantor shall not continue beyond the life of the grantor of the fee. The [Commission](/usc/40/15101.md?p=1) must decide that the permanent public park purposes for which control over the land is needed are not essentially impaired by the reserved rights and that there is a substantial saving in cost by acquiring the land subject to the limited rights as compared with the cost of acquiring unencumbered title to the land.
  - (2) **Permanent rights in land adjoining park property.—** The [Commission](/usc/40/15101.md?p=1) must decide that the protection and maintenance of the essential public values of the park can be secured more economically by acquiring the permanent rights than by acquiring the land.
- (c) **Presidential Approval Required.—** All contracts to acquire land or rights under this section are subject to the approval of the President.

## Source credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 8732(a) | 40:72a (1st par., last par. less provisos). | Dec. 22, 1928, ch. 48, § 1, 45 Stat. 1070. |
| 8732(b) | 40:72a (last par. 1st–3d provisos). |  |
| 8732(c) | 40:72a (last par. last proviso). |  |

In subsection (a), the text of 40:72a (1st par.) is omitted as unnecessary.