
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC459b-3]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
         SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
 
Sec. 459b-3. Acquisition by condemnation


(a) Right of use and occupancy for residential purposes for life or 
        fixed term of years; exercise of right of election; impairment 
        of interests of lienholders, etc.; right as running with land; 
        transfer, assignment and termination of right; computation of 
        compensation

    (1) The beneficial owner or owners, not being a corporation, of a 
freehold interest in improved property which the Secretary acquires by 
condemnation may elect, as a condition to such acquisition, to retain 
the right of use and occupancy of the said property for noncommercial 
residential purposes for a term of twenty-five years, or for such lesser 
time as the said owner or owners may elect at the time of such 
acquisition.
    (2) The beneficial owner or owners, not being a corporation, of a 
freehold estate in improved property which property the Secretary 
acquires by condemnation, who held, on September 1, 1959, with respect 
to such property, an estate of the same nature and quality, may elect, 
as an alternative and not in addition to whatever right of election he 
or they might have under paragraph (1) of this subsection, to retain the 
right of use and occupancy of the said property for noncommercial 
residential purposes (i) for a term limited by the nature and quality of 
his or their said estate, if his or their said estate is a life estate 
or an estate pur auter vie, or (ii) for a term ending at the death of 
such owner or owners, or at the death of the survivor of them, if his or 
their said estate is an estate of fee simple.
    (3) Where such property is held by a natural person or persons for 
his or their own life or lives or for the life or lives of another or 
others (such person or persons being hereinafter called ``the life 
tenant''), with remainder in another or others, any right of election 
provided for in paragraph (2) of this subsection shall be exercised by 
the life tenant, and any right of election provided for in paragraph (1) 
of this subsection shall be exercised by the concurrence of the life 
tenant and the remainderman or remaindermen.
    (4) The beneficial owner or owners of a term of years in improved 
property which the Secretary acquires by condemnation may elect, as a 
condition to such acquisition, to retain the right of use and occupancy 
of the said property for noncommercial residential purposes for a term 
not to exceed the remainder of his or their said term of years, or a 
term of twenty-five years, whichever shall be the lesser. The owner or 
owners of the freehold estate or estates in such property may, subject 
to the right provided for in the preceding sentence, exercise such right 
or rights of election as remain to them under paragraphs (1) and (2) of 
this subsection.
    (5) No right of election accorded by paragraphs (1), (2), or (4) of 
this subsection shall be exercised to impair substantially the interests 
of holders of encumbrances, liens, assessments, or other charges upon or 
against the property.
    (6) Any right or rights of use and occupancy retained pursuant to 
paragraphs (1), (2), and (4) of this subsection shall be held to run 
with the land, and may be freely transferred and assigned.
    (7) In any case where a right of use and occupancy for life or for a 
fixed term of years is retained as provided in paragraph (1), (2), or 
(4) of this subsection, the compensation paid by the Secretary for the 
property shall not exceed the fair market value of the property on the 
date of its acquisition by the Secretary, less the fair market value on 
such date of the said right retained.
    (8) The Secretary shall have authority to terminate any right of use 
and occupancy of property, retained as provided in paragraph (1), (2), 
or (4) of this subsection, at any time after the date when any use 
occurs with respect to such property which fails to conform or is in any 
manner opposed to or inconsistent with any applicable standard contained 
in regulations issued pursuant to section 459b-4 of this title and in 
effect on said date: Provided, That no use which is in conformity with 
the provisions of a zoning bylaw approved in accordance with said 
section 459b-4 which is in force and applicable to such property shall 
be held to fail to conform or be opposed to or inconsistent with any 
such standard. In the event that the Secretary exercises the authority 
conferred by this paragraph, he shall pay to the owner of the right so 
terminated an amount equal to the fair market value of the portion of 
said right which remained on the date of termination.

(b) Suspension of authority for one year and during existence of zoning 
        regulations

    (1) The Secretary's authority to acquire property by condemnation 
shall be suspended with respect to all improved property located within 
such area in all of the towns referred to in section 459b of this title 
for one year following August 7, 1961.
    (2) Thereafter such authority shall be suspended with respect to all 
improved property located within such area in any one of such towns 
during all times when such town shall have in force and applicable to 
such property a duly adopted, valid zoning bylaw approved by the 
Secretary in accordance with the provisions of section 459b-4 of this 
title.

(c) Suspension of authority respecting property used for commercial or 
        industrial purposes

    The Secretary's authority to acquire property by condemnation shall 
be suspended with respect to any particular property which is used for 
commercial or industrial purposes during any periods when such use is 
permitted by the Secretary and during the pendency of the first 
application for such permission made to the Secretary after August 7, 
1961 provided such application is made not later than the date of 
establishment of the seashore.

(d) ``Improved property'' defined

    The term ``improved property,'' wherever used in sections 459b to 
459b-8 of this title, shall mean a detached, one-family dwelling the 
construction of which was begun before September 1, 1959 (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. The amount of 
the land so designated shall in every case be at least three acres in 
area, or all of such lesser amount as may be held in the same ownership 
as the dwelling, and in making such designation the Secretary shall take 
into account the manner of noncommercial residential use in which the 
dwelling and land have customarily been enjoyed: Provided, however, That 
the Secretary may exclude from the land so designated any beach or 
waters, together with so much of the land adjoining such beach or waters 
as the Secretary may deem necessary for public access thereto.

(e) Acquisition of clear, marketable and encumbrance-free title

    Nothing in this section or elsewhere in sections 459b to 459b-8 of 
this title 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.

(Pub. L. 87-126, Sec. 4, Aug. 7, 1961, 75 Stat. 288.)

                  Section Referred to in Other Sections

    This section is referred to in sections 459b-1, 459b-2, 459b-4 to 
459b-8 of this title.
