Title 16 — ConservationRelease 119-73

§429b–2 Retention of right of use and occupation of improved property by owner

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LX— - NATIONAL MILITARY PARKS › § 429b–2

Last updated Apr 6, 2026|Official source

Summary

If an owner sells improved property to the Secretary after October 13, 1980, the owner can keep the right to live in the property for noncommercial residential use. The owner picks 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 Secretary must pay the owner the fair market value on the date of sale minus the value of the kept right. If the owner donates all or part of the property, the Secretary can pay a smaller amount if the owner agrees. The Secretary can end the right if it is being used against the purpose of the related laws, and must notify the holder and pay the fair market value of the unused portion when ending it. An owner who keeps this right is not a “displaced person” under section 4601(6) of title 42 and gives up any relocation benefits under sections 4623 to 4626 of title 42.

Full Legal Text

Title 16, §429b–2

Conservation — Source: USLM XML via OLRC

(a)Subsequent to October 13, 1980, the owner of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the 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 death of the spouse of the owner, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner an amount equal to the fair market value of the property on the date of its acquisition less the value on such date of the right retained by the owner. If such property is donated (in whole or in part) to the United States, the Secretary may pay to the owner such lesser amount as the owner may agree to. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of sections 429b to 429b–5 of this title, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired.

(b)No property owner who elects to retain a right of use and occupancy under this section shall be considered a displaced person as defined in section 4601(6) of title 42. Such owners shall be considered to have waived any benefits which would otherwise accrue to them under sections 4623 to 4626 of title 42.

Reference

Citations & Metadata

Citation

16 U.S.C. § 429b–2

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73