How to Acquire Landlocked National Park Land Surrounded by Private Property

When a National Park parcel is surrounded by private land (no public access), the NPS has several legal tools:

  1. Negotiated Purchase: Voluntary sale at fair market value (willing seller). Most common, least contentious.
  2. Eminent Domain (Condemnation): Government takes land for public use with "just compensation" (5th Amendment). Last resort; politically sensitive; requires congressional authorization for NPS.
  3. Land Exchange (Swap): Trade other federal land (BLM, USFS) of equal value for the inholding. Requires legislation or secretarial authority; must serve public interest.
  4. Wait for Willing Seller: Monitor ownership; approach heirs or future sellers. Long-term strategy.
  5. Donation / Bargain Sale: Landowner donates (tax deduction) or sells below market value (charitable contribution).
  6. Conservation Easement: Purchase development rights only; land stays private but protected.
  7. Partnership with Land Trusts: NGOs (Trust for Public Land, Conservation Fund) buy and transfer to NPS.

Key Law

Federal Land Policy and Management Act (FLPMA) 1976 directs acquisition of inholdings to improve management. Land and Water Conservation Fund (LWCF) provides funding.

Each case is unique—legal, political, ecological, and financial factors dictate the path.

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