§459c–5 — Title 16 Conservation | U.S. Code

Summary

When the United States buys a house or farm inside the seashore, the owner who owned it when the government bought it can choose to keep the right to use and live on the place. They can keep that right for up to 25 years, or instead for the rest of their life and, if later, their spouse’s life. The owner picks which option. If the owner does not donate the land, the government pays the fair market price of the land but reduces that payment by the value of the right the owner keeps. The Secretary can stop the kept right if the owner uses the place in a way that goes against the seashore’s purposes. If the Secretary ends the right, they must tell the owner and pay the value of the unused part left. The Secretary may rent out former farm land the government owns, with limits needed to protect the seashore, and must offer such leases first to the person who owned or leased the land before the government bought it. “Improved property” means a private, noncommercial home started before September 1, 1959 (or before May 1, 1978 or May 1, 1979 for areas added later) plus nearby land needed for home use. “Agricultural property” means land used for farming, ranching, or dairying as of May 1, 1978 (or May 1, 1979 for some added areas) and related buildings that existed or were being built by May 1, 1978. If the owner agrees, the Secretary may spread payment over 10 years and pay interest up to the U.S. Treasury borrowing rate. The Secretary may accept land gifts from California or its local governments, must accept certain Tomales Bay State Park lands, and will add donated lands to the seashore. No public admission fee may be charged to enter the seashore.

Title 16, §459c–5

Conservation — Source: USLM XML via OLRC

(a)Except for property which the Secretary specifically determines is needed for interpretive or resources management purposes of the seashore, the owner of improved property or of agricultural property on the date of its acquisition by the Secretary under sections 459c to 459c–7 of this title may, as a condition of such acquisition, retain for himself and his or her heirs and assigns a right of use and occupancy for a definite term of not more than twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or the death of his or her spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partly donated to the United States, the Secretary shall pay to the owner the fair market value of the property on the date of acquisition minus the fair market value on that date of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his or her determination that it is being exercised in a manner inconsistent with the purposes of sections 459c to 459c–7 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 or her an amount equal to the fair market value of that portion of the right which remains unexpired. Where appropriate in the discretion of the Secretary, he or she may lease federally owned land (or any interest therein) which has been acquired by the Secretary under sections 459c to 459c–7 of this title, and which was agricultural land prior to its acquisition. Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of sections 459c to 459c–7 of this title. Any land to be leased by the Secretary under this section shall be offered first for such lease to the person who owned such land or was a leaseholder thereon immediately before its acquisition by the United States.

(b)As used in sections 459c to 459c–7 of this title, the term “improved property” shall mean a private noncommercial dwelling, including the land on which it is situated, whose construction was begun before September 1, 1959, or, in the case of areas added by action of the Ninety-fifth Congress, May 1, 1978 or, in the case of areas added by action of the Ninety-sixth Congress, May 1, 1979, and structures accessory thereto (hereinafter in this subsection referred to as “dwelling”), together with such amount and locus of the property adjoining and in the same ownership as such dwelling as the Secretary designates to be reasonably necessary for the enjoyment of such dwelling for the sole purpose of noncommercial residential use and occupancy. In making such designation the Secretary shall take into account the manner of noncommercial residential use and occupancy in which the dwelling and such adjoining property has usually been enjoyed by its owner or occupant. The term “agricultural property” as used in sections 459c to 459c–7 of this title means lands which were in regular use for, or were being converted to agricultural, ranching, or dairying purposes as of May 1, 1978 or, in the case of areas added by action of the Ninety-sixth Congress, May 1, 1979, together with residential and other structures related to the above uses of the property that were in existence or under construction as of May 1, 1978.

(c)In acquiring those lands authorized by the Ninety-fifth Congress for the purposes of sections 459c to 459c–7 of this title, the Secretary may, when agreed upon by the landowner involved, defer payment or schedule payments over a period of ten years and pay interest on the unpaid balance at a rate not exceeding that paid by the Treasury of the United States for borrowing purposes.

(d)The Secretary is authorized to accept and manage in accordance with sections 459c to 459c–7 of this title, any lands and improvements within or adjacent to the seashore which are donated by the State of California or its political subdivisions. He is directed to accept any such lands offered for donation which comprise the Tomales Bay State Park, or lie between said park and Fish Hatchery Creek. The boundaries of the seashore shall be changed to include any such donated lands.

(e)Notwithstanding any other provision of law, no fee or admission charge may be levied for admission of the general public to the seashore.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (a). Pub. L. 96–199, § 101(a)(2), substituted “Except for property which the Secretary specifically determines is needed for interpretive or resources management purposes of the seashore, the” for “The” in first sentence. Subsec. (b). Pub. L. 96–199, § 101(a)(3), inserted “or, in the case of areas inserted by action of the Ninety-sixth Congress,

May 1, 1979,” after “

May 1, 1978” and “that were in existence or under

Construction

as of May 1, 1978” after “related to the above uses of the property”. Subsecs. (d), (e). Pub. L. 96–199, § 101(a)(4), added subsecs. (d) and (e). 1978—Subsec. (a). Pub. L. 95–625, § 318(b), extended provision to agricultural property; provided for: retention rights of heirs and assigns, retention rights for term of twenty-five years or for term ending with death of owner or spouse, whichever was later, as elected by owner, which provision previously authorized retention for term of fifty years, termination of right of retention and notice thereof, and for lease of federally owned lands, subject to restrictive covenants, with first offer to prior owner or leaseholder; and included clause relating to donation of property to the United States. Subsec. (b). Pub. L. 95–625, § 318(c), defined “improved property” to include private dwelling, the

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of which was begun, in the case of areas added by action of the Ninety-fifth Congress, October 1, 1978, and included definition of “agricultural property”. Subsec. (c). Pub. L. 95–625, § 318(d), added subsec. (c).

§459c–5 Owner’s reservation of right of use and occupancy for fixed term of years or life

Summary

Title 16, §459c–5

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Construction

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