Title 16 — ConservationRelease 119-73

§460s–10 Acquisition of property

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXXVII— - PICTURED ROCKS NATIONAL LAKESHORE › § 460s–10

Last updated Apr 6, 2026|Official source

Summary

When the Secretary buys improved property, the owner may keep the right to live on and use the place for up to 25 years or until the owner's death. The use must be residential and must not conflict with the goals of this part of the law or make the area less useful or attractive. The Secretary pays the owner the property's value at the time of purchase, minus the value of the right the owner keeps. The kept right can be transferred or rented for noncommercial residential use under the same rules. A deed must say the property cannot be used in ways that conflict with the law or harm the lakeshore. If the owner uses it that way, the Secretary can end the right and must pay the owner for any unused time left. If a cottage or hunting lodge was leased on December 31, 1964, and that lease is still active when the land is bought, the Secretary takes the land subject to that lease. After that lease ends, the Secretary may lease the cottage or lodge back to the lessee for up to 25 years or until the lessee's death, with conditions the Secretary sets.

Full Legal Text

Title 16, §460s–10

Conservation — Source: USLM XML via OLRC

(a)Any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain, for a term of not to exceed twenty-five years, or for a term ending at the death of such owner or owners, the right of use and occupancy of such property for any residential purpose which is not incompatible with the purposes of this subchapter or which does not impair the usefulness and attractiveness of the area designated for inclusion. The Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. Where any such owner retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes in accordance with the provisions of this section.

(b)Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this subchapter, or which impairs the usefulness and attractiveness of the lakeshore and if it should be so used, the Secretary shall have authority to terminate such right. In the event the Secretary exercises his power of termination under this subsection he shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.

(c)Any land acquired by the Secretary under this subchapter on which there is situated a cottage or hunting lodge which, on December 31, 1964, was under lease to any lessee or lessees shall, if such lease is in effect on the date such land is so acquired, be acquired by the Secretary subject to such lease and the right of such lessee or lessees to continue using the property covered by such lease in accordance with the provisions thereof. Upon the expiration of such lease, the Secretary shall have the authority to enter into a lease with such lessee or lessees authorizing them to continue using such cottage or lodge (as the case may be) for a term of not to exceed twenty-five years, or for a term ending at the death of such lessee or lessees, subject to such conditions as may be prescribed by the Secretary.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460s–10

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73