16 U.S.C. § 459

Cape Hatteras National Seashore Recreational Area; conditional establishment; acquisition of lands

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When title to all the lands, except those within the limits of established villages, within boundaries to be designated by the Secretary of the Interior within the area of approximately one hundred square miles on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke, and Collington,11 So in original. Probably should be “Colington,”. and the waters and the lands beneath the waters adjacent thereto shall have been vested in the United States, said area shall be, and is, established, dedicated, and set apart as a national seashore recreational area for the benefit and enjoyment of the people and shall be known as the Cape Hatteras National Seashore Recreational Area: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.

Notes of Decisions

Cited in 5 cases, 1953–2014 · leading case: United States v. Southerly Portion of Bodie Island, NC, 114 F. Supp. 427 (E.D.N.C. 1953).

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United States v. Southerly Portion of Bodie Island, NC, 114 F. Supp. 427 (E.D.N.C. 1953). · cites it 2× “These are eminent domain proceedings which were brought under the authority conferred by the Act of August 17, 1937, as amended, 16 U.S.C.A. § 459 et seq., and-the Act of August 1, 1888, as amended, 40 U.”

Hilkovsky v. United States, 205 Ct. Cl. 460 (Ct. Cl. 1974). “A reading of these decisions will show we recognized that Congress intended the normal situation to be that defendant would year by year use appropriated funds to purchase or condemn lands within the National Seashore as laid out by Congress ( 16 U.S.C. §459 c-1 (1970)) or else…”

United States v. Certain Lands in Truro, Etc., 476 F. Supp. 1031 (D. Mass. 1979). “16 U.S.C. § 459 . I rule therefore that they fall within the test set out by the Supreme Court in United States v.”

Williams v. Hathaway, 400 F. Supp. 122 (D. Mass. 1975). “87-126 ( 16 U.S.C. § 459 et seq.). It comprises in part beaches, dunes and adjacent land located in the towns of Provincetown, Truro, Wellfleet, Eastham, Orleans and Chat-ham in the Commonwealth of Massachusetts.”

Cape Hatteras Access Pres. All. v. S.M.R. Jewell, 28 F. Supp. 3d 537 (E.D.N.C. 2014). “; the Seashore enabling legislation, 16 U.S.C. §§ 459 -459a-10; Executive Order 11644, as amended by Executive Order 11989; and the National Environmental Policy Act (NEPA), 42 U.”

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