16 U.S.C. § 429b–1 — Acquisition and use of lands

(a) Acquisition of property or interests in property; scenic preservation of views This subsection lets the Secretary grow the park. To carry out the purposes of sections 429b through 429b–5, the Secretary may acquire property or interests in property inside the park's boundaries, by donation, by purchase using donated or appropriated money, or by exchange. There's one exception: property owned by the Commonwealth of Virginia or one of its political subdivisions (like a county) can only be acquired through donation. The Secretary must also work with Virginia, its political subdivisions, and other parties the state designates, to protect the scenic views from inside the park. This can be done through zoning and other methods the parties agree are workable. (b) Acquisition of fee simple title with the consent of owner; hearing and review This subsection protects some property owners inside the park's older, 1954 boundaries (shown on the map described in section 429b). As long as an owner's land is still being used the same way it was used on September 1, 1980, the Secretary cannot acquire full ownership (fee simple title) of that land without the owner's consent. If the Secretary wants to acquire full title because the land's use has changed, the owner can ask for a review of that decision, and is entitled to a formal hearing on the record under section 554 of title 5. (c) Secretary authorized to make land available for Route 234 bypass This subsection deals with a proposed road. If the Virginia Department of Highways and Transportation decides that a planned Route 234 bypass should run between the Virginia Electric Power Company's powerline easement and Route 705, the Secretary must make the necessary park land available for it. The Secretary can attach whatever conditions are necessary to make sure the bypass is built, run, and maintained in a way that fits with how the park is managed. (d) Secretary not to close State roads This subsection limits the Secretary's control over roads. The Secretary cannot close any state road inside the park unless the proper officials of the Commonwealth of Virginia have first taken action allowing that road to be closed.