Title 16ConservationRelease 119-73

§459e–3 Retention by owner of right of use and occupancy of improved property for residential purposes

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXIII— - NATIONAL SEASHORE RECREATIONAL AREAS › § 459e–3

Last updated Apr 6, 2026|Official source

Summary

When the Secretary buys improved property, the owner can keep the right to live on and use the place for noncommercial residential purposes for up to 25 years. The owner can pass that right to heirs or someone they assign it to. The Secretary pays less for the property because the value of that reserved right is taken off the purchase price. The Secretary can end that reserved right if the use does not follow the zoning rules the Secretary approved under the law. If the Secretary ends it early, the owner must be paid an amount equal to the fair market value of the unused part of the reserved right on the date it is ended.

Full Legal Text

Title 16, §459e–3

Conservation — Source: USLM XML via OLRC

(a)Owners of improved property acquired by the Secretary may reserve for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a term that is not more than twenty-five years. The value of the reserved right shall be deducted from the fair market value paid for the property.
(b)A right of use and occupancy reserved pursuant to this section shall be subject to termination by the Secretary upon his determination that the use and occupancy is not consistent with an applicable zoning ordinance approved by the Secretary in accordance with the provisions of section 459e–2 of this title, and upon tender to the owner of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.

Reference

Citations & Metadata

Citation

16 U.S.C. § 459e–3

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73