Title 16ConservationRelease 119-73

§460x–9 Right of retention of residential use in improved lands

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXXXII— - SLEEPING BEAR DUNES NATIONAL LAKESHORE › § 460x–9

Last updated Apr 6, 2026|Official source

Summary

Owners of improved property inside the area the Secretary buys can keep the right to use and live on the land for up to 25 years or for the rest of their life. When the Secretary buys the land, the owner gets the property's value minus the value of the right they keep. The kept right can be leased or transferred for noncommercial residential use while it lasts. Deeds must say the property cannot be used in ways that conflict with the area's purposes, and if it is, the Secretary can end the right and must pay the owner the value of the unused portion. People covered by the related rule may give or lease the kept right to an immediate family member for noncommercial residential use. An owner may end the right anytime, and the Secretary must pay the owner within 120 days the value of the remaining unused part. "Immediate family" means spouse, brother, sister, or child, including adopted and step-children.

Full Legal Text

Title 16, §460x–9

Conservation — Source: USLM XML via OLRC

(a)Any owner or owners of improved property situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary may, as a condition of 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 person who is—
(1)an owner of improved property described in section 460x–10(a)(2) of this title which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary; or
(2)an occupier of improved property described in section 460x–10(a)(2) of this title which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary, in situations where the fee ownership of such improved property has been heretofore acquired by the United States (whether by donation, purchase, condemnation, exchange or otherwise);
(c)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, and any instrument evidencing any right of use and occupancy retained by any occupier 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 such area, and if it should be so used, that the Secretary many 11 So in original. Probably should be “may”. 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.
(d)(1)Any owner or occupier of improved property who retains a right of use and occupancy under subsection (b) may convey or lease such right during its existence to a member of such owner or occupier’s immediate family for noncommercial residential purposes which are not incompatible with the purposes of this subchapter and which do not impair the usefulness and attractiveness of the area designated for inclusion.
(2)Any owner or occupier of improved property who has retained a right of use and occupancy under subsection (b) may terminate such right at any time, and the Secretary shall pay, within 120 days after the date of such termination, 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.
(3)As used in this subchapter, the term “member of the immediate family” means spouse, brother, sister, or child, including persons bearing such relationships through adoption, and step-child.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Subsec. (b). Pub. L. 97–361 substituted provisions granting owners and occupiers of improved lakeshore property described in section 460x–10 of this title the right of retention of a compatible residential use for a limited term upon notification of the Secretary and payment for the right retained for former provisions which were redesignated as subsec. (c) and amended. Subsec. (c). Pub. L. 97–361 redesignated subsec. (b) as (c), and amended it to apply expressly to any instrument evidencing any right of use and occupancy retained by any occupier under this section. Subsec. (d). Pub. L. 97–361 added subsec. (d).

Reference

Citations & Metadata

Citation

16 U.S.C. § 460x–9

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73