Title 16 — ConservationRelease 119-73

§160c Acquisition of improved property

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER XIX— - VOYAGEURS NATIONAL PARK › § 160c

Last updated Apr 6, 2026|Official source

Summary

When the government buys a house and its land inside the park and the Secretary decides it is not needed for park work right away, the owner can keep the right to live there as a private home (not for business). The owner chooses either a fixed term up to 25 years or a term that ends when the owner or the owner’s spouse dies, whichever is later. The government pays the owner the property’s fair market value at the time of purchase minus the value of the right the owner keeps. If Minnesota gives land to the United States that has a lease and the tenant began building a noncommercial or recreational home before January 1, 1969, the Secretary may allow the tenant to live there for a time the Secretary decides, but no right may continue past ten years after the park is established. Any kept or granted right can be ended by the Secretary if it conflicts with park purposes or the land is needed for park use. If ended early, the holder is paid the fair market value of the unused portion of the right. "Improved property" means a detached, noncommercial house started before January 1, 1969, plus the nearby land and accessory buildings needed to use it as a home.

Full Legal Text

Title 16, §160c

Conservation — Source: USLM XML via OLRC

(a)Any owner or owners (hereinafter referred to as “owner”) of improved property on the date of its acquisition by the Secretary may, if the Secretary determines that such improved property is not, at the time of its acquisition, required for the proper administration of the park, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or, in lieu thereof, for a term ending at the death of the owner, or the death of his spouse, whichever is later. The owner shall elect the term to be retained. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner.

(b)If the State of Minnesota donates to the United States any lands within the boundaries of the park subject to an outstanding lease on which the lessee began construction of a noncommercial or recreational residential dwelling prior to January 1, 1969, the Secretary may grant to such lessee a right of use and occupancy for such period of time as the Secretary, in his discretion, shall determine: Provided, That no such right of use and occupancy shall be granted, extended, or continue after ten years from the date of the establishment of the park.

(c)Any right of use and occupancy retained or granted pursuant to this section shall be subject to termination by the Secretary upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this subchapter or upon his determination that the property is required for the proper administration of the park. The Secretary shall tender to the holder of the right so terminated an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.

(d)The term “improved property”, as used in this section, shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1969, 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 160c

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73