§460x–10 — Title 16 Conservation | U.S. Code

Summary

Treats a detached, one-family house as "improved property" if building started before December 31, 1964. It also covers houses started on or after December 31, 1964 and before October 21, 1970 for certain rules, if they have been openly used as homes (at least in summer) since they were finished, and if after the United States acquired the property the owner or a close family member lived there. The Secretary may remove Lake Michigan beaches, waters, and nearby land from the area covered and must keep a buffer between any home and the public access. The Secretary may also take a later-built house out of the "improved property" group when the land is needed soon for public use or development, taking into account how close other houses are, the lakeshore development plans and schedule, and available funds. If someone has a right to use and live there under section 460x–9(b), the Secretary may end that right after 90 days of written notice and must pay the owner the value of the unused portion. Within 60 days after October 22, 1982, the Secretary must tell owners or occupiers of the option to keep rights, whether their property might be affected, what is planned, why, and the expected timetable. If, within those same 60 days, the Secretary finds that public use or development is expected before 1998 under the General Management Plan dated October 1979, that must be included in the notice. Not getting that extra notice does not stop the Secretary from acting later.

Title 16, §460x–10

Conservation — Source: USLM XML via OLRC

(a)As used in this subchapter, the term “improved property” means a detached, one-family dwelling, construction of which—

(1)was begun before December 31, 1964, or

(2)for the purposes of section 460x–9(b) or (d) of this title, was begun on or after December 31, 1964, and before October 21, 1970, and has been openly and continuously used, at least during the summer months of each year when similar dwellings in the area are used, as a residential dwelling since such construction was completed, and with respect to the portion of such period after any acquisition of such property by the United States, by the owner, or a member of the immediate family of the owner, of such dwelling on the date of such acquisition,

(b)The Secretary may exclude from the land designated under subsection (a) any beach or waters on Lake Michigan, together with so much of the land adjoining any such beach or waters as the Secretary may deem necessary for public access thereto. If the Secretary makes such exclusion, an appropriate buffer zone shall be provided between any residence and the public access or beach.

(c)(1)The Secretary may exclude from the category of “improved property” under this subchapter any property described in subsection (a)(2) which the Secretary determines is in an area required for public use or development in the immediate future. In making any such determination the Secretary shall take into account the proximity of such property to any other improved property, the development or public use of the lakeshore and the related timetable therefor, and the anticipated availability in the immediate future of funds related to such development or public use.

(2)(A)With respect to any improved property, as defined in subsection (a)(2), with respect to which the occupier has retained a right of use and occupancy under section 460x–9(b) of this title, the Secretary may terminate such right 90 days after notifying in writing the occupier, if the Secretary determines that such improved property is needed for public use or development under this subchapter. In making any such determination the Secretary shall take into account the proximity of such property to any other improved property, the development or public use requirements of the lakeshore and related timetable therefor, and the current availability of funds for the proposed public use or development.

(B)The Secretary 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.

(3)(A)The Secretary must, within 60 days after October 22, 1982, notify in writing any owner or occupier of property described in subsection (a)(2) that an option to retain rights with respect to such property exists under section 460x–9(b) of this title, whether such property shall be subject to any action by the Secretary under paragraph (1) of this subsection, the nature of such proposed action, the reasons for such proposed action, and the contemplated timetable therefor.

(B)With respect to any proposed action to be taken under paragraph (2) of this subsection, if the Secretary determines within 60 days after October 22, 1982, after taking into account timetable and funding projections, that, consistent with the General Management Plan dated October 1979, public use or development is anticipated before 1998 for an area containing any improved property described in subsection (a)(2), the Secretary shall include notice of such determination in any notification under subparagraph (A) of this paragraph. Any failure of the Secretary to so notify an occupier pursuant to this subparagraph shall not preclude the Secretary from taking action under paragraph (2) at some future date.

Editorial Notes

Amendments

1982—Pub. L. 97–361 designated existing provisions up to the proviso as subsec. (a), added cl. (2), designated existing proviso as subsec. (b), and added subsec. (c).

§460x–10 Improved property

Summary

Title 16, §460x–10

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata