§230b — Title 16 Conservation | U.S. Code

Summary

When the United States buys an eligible home in the Barataria Preserve, the owner can choose to keep the right to live in that home for either the owner’s and spouse’s lifetimes (whichever ends last) or for up to 25 years. The Secretary must agree that letting the owner stay won’t harm park plans. If the property is sold (not donated), the government pays the owner the fair market value minus the value of the kept right. The right can be transferred, and the Secretary can end it if the house is not used as a noncommercial year‑round home, in which case the holder is paid the fair market value of the remaining term. “Improved property” means a single‑family, year‑round house started before January 1, 1977 (or before January 1, 2007 for areas added later), used as the owner’s permanent home when bought, plus up to three acres needed for use.

Title 16, §230b

Conservation — Source: USLM XML via OLRC

Within the Barataria Preserve Unit, the owner or owners of improved property used for noncommercial residential purposes on a year-round basis may, as a condition of the acquisition of such property by the Secretary, elect to retain a right of use and occupancy of such property for noncommercial residential purposes if, in the judgment of the Secretary, the continued use of such property for a limited period would not unduly interfere with the development or management of the park. Such right of use and occupancy may be either a period ending on the death of the owner or his spouse, whichever occurs last, or a term of not more than twenty-five years, at the election of the owner. Unless the property is donated, the Secretary shall pay to the owner the fair market value of the property less the fair market value of the right retained by the owner. Such right may be transferred or assigned and may be terminated by the Secretary, if he finds that the property is not used for noncommercial residential purposes, upon tender to the holder of the right an amount equal to the fair market value of the unexpired term. As used in this section, the term “improved property” means a single-family, year-round dwelling, the construction of which was begun before January 1, 1977 (or January 1, 2007, for areas added to the park after that date), which serves as the owner’s permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located which the Secretary finds is reasonably necessary for the owner’s continued use and occupancy of the dwelling.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Pub. L. 111–11 substituted “Barataria Preserve Unit” for “Barataria Marsh Unit” in first sentence and inserted “(or

January 1, 2007, for areas added to the park after that date)” after “

January 1, 1977” in fifth sentence.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

§230b Owner’s retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; “improved property” defined