Title 16 — ConservationRelease 119-73

§425m Retained rights

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LX— - NATIONAL MILITARY PARKS › § 425m

Last updated Apr 6, 2026|Official source

Summary

Owners of improved property taken under sections 425k–425o may keep the right to live in the home for up to 25 years or until the owner or the owner’s spouse dies. The owner chooses the length, but if the owner is a corporation, trust, partnership, or other non‑individual, the term cannot be more than 25 years. Ownership is fixed as of June 1, 1989. If the property was not donated, the Secretary must pay the owner the fair market value at acquisition minus the value of the kept right. The Secretary can set rules for the kept right and can end it if the property is used in ways that conflict with park management, after giving reasonable notice and paying the owner the fair market value of the unused part of the right. “Improved property” means a year‑round, single‑family home (not for business) plus the land needed to use it as a home, as the Secretary decides.

Full Legal Text

Title 16, §425m

Conservation — Source: USLM XML via OLRC

(a)With the exception of property which the Secretary determines is necessary for development or public use, the owner or owners of improved property acquired pursuant to sections 425k to 425o of this title may retain a right of use and occupancy of such improved property for noncommercial residential purposes for a definite term of not more than twenty-five years, or for a term ending at the death of the owner or the owner’s spouse. The owner shall elect the term to be reserved, except that if the owner is a corporation, trust, partnership, or any entity other than an individual, the term shall not exceed twenty-five years. Ownership shall be determined as of June 1, 1989. Unless the property is wholly or partially donated, 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 of the right retained by the owner.

(b)Any rights retained pursuant to this section shall be subject to such terms and conditions as the Secretary may prescribe and may be terminated by the Secretary upon his determination and after reasonable notice to the owner thereof that such property is being used for any purpose which is incompatible with the administration, protection, or public use of the park. Such right shall terminate by operation of law upon notification of the owner by the Secretary and tendering to the owner an amount equal to the fair market value of that portion of the right which remains unexpired.

(c)As used in this section, the term “improved property” means a year-round noncommercial single-family dwelling together with such land, in the same ownership as the dwelling, as the Secretary determines is reasonably necessary for the enjoyment of the dwelling for single-family residential use.

Reference

Citations & Metadata

Citation

16 U.S.C. § 425m

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73