Title 16 — ConservationRelease 119-73

§460z–6 Land acquisition in recreation area; donation and exchange; railway right-of-way; retention rights of owners of improved property

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LXXXIV— - OREGON DUNES NATIONAL RECREATION AREA › § 460z–6

Last updated Apr 6, 2026|Official source

Summary

State-owned lands, waters, or interests inside the recreation area can only be taken by donation or by swapping land. The Southern Pacific Railway right-of-way inside the area cannot be taken while the railway still uses it, but the Secretary may force easements across that right-of-way if needed for people to get in and out. A homeowner with an "improved property" may keep the right to live in the house and use up to three acres where the house sits when the government buys the rest. That right lasts until the owner or the owner’s spouse dies (whichever is later), or for up to 25 years if the owner chooses. The Secretary can remove any parts needed for public use. The homeowner can sell or lease the whole right for noncommercial home use while it exists. The Secretary pays the owner the fair market value of the property minus the value of the retained right, and may later buy the remaining right with the owner’s agreement. "Improved property" means a single-family house started before December 31, 1970, with its accessory buildings and the land needed to enjoy the home for noncommercial residential use.

Full Legal Text

Title 16, §460z–6

Conservation — Source: USLM XML via OLRC

(a)Within the boundaries of the recreation area lands, waters, and interests therein owned by or under the control of the State of Oregon or any political subdivision thereof may be acquired only by donation or exchange.

(b)No part of the Southern Pacific Railway right-of-way within the boundaries of the recreation area may be acquired without the consent of the railway, so long as it is used for railway purposes: Provided, That the Secretary may condemn such easements across said right-of-way as he deems necessary for ingress and egress.

(c)Any person owning an improved property, as hereafter defined, within the recreation area may reserve for himself and his assigns, as a condition of the acquisition of such property, a right of use and occupancy of the residence and not in excess of three acres of land on which such residence is situated. Such reservation shall be for a term ending at the death of the owner, or the death of his spouse, whichever occurs later, or, in lieu thereof, for a definite term not to exceed twenty-five years: Provided, That the Secretary may exclude from such reserved property any lands or waters which he deems necessary for public use, access, or development. The owner shall elect, at the time of conveyance, the term of the right to be reserved. Where any such owner retains a right of use and occupancy as herein provided, such right may during its existence be conveyed or leased in whole, but not in part, for noncommercial residential purposes. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. At any time subsequent to the acquisition of such property the Secretary may, with the consent of the owner of the retained right of use and occupancy, acquire such right, in which event he shall pay to such owner the fair market value of the remaining portion of such right.

(d)The term “improved property” wherever used in this subchapter shall mean a detached one-family dwelling the construction of which was begun before December 31, 1970, together with any structures accessory to it and the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary finds necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460z–6

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73