§698b — Title 16 Conservation | U.S. Code

Summary

An owner of a qualifying home can keep the right to live in that home for noncommercial, residential use when the Secretary takes the property. The owner picks either a fixed period of up to 25 years or a term that ends when the owner or the owner’s spouse dies, whichever is later. If the owner does not donate the property, the Secretary must pay the owner the property’s fair market value at acquisition minus the value of the kept right. The Secretary can end the kept right if it’s being used against the purposes of the preserve; the Secretary must notify the owner and pay the value of the unused part of the right. “Improved property” means a detached, year-round, one-family home that is the owner’s main house when acquired, was started before July 1, 1973, is used only as a home, includes up to three acres and any needed access land in the same ownership, and any small supporting buildings. An owner who keeps this right gives up any benefits under 42 U.S.C. 4623–4626 and is not treated as a “displaced person” under 42 U.S.C. 4601(6) for those benefits.

Title 16, §698b

Conservation — Source: USLM XML via OLRC

(a)The owner of an improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of sections 698 to 698e of this title, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired.

(b)As used in sections 698 to 698e of this title, the term “improved property” means a detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.

(c)Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under section 4623, 4624, 4625, and 4626 of title 42, and for the purposes of such sections such owner shall not be considered a displaced person as defined in section 4601(6) of title 42.

Editorial Notes

Amendments

1976—Subsec. (b). Pub. L. 94–578 substituted “detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and” for “detached, one-family dwelling,”.

§698b Right of use and occupancy of improved property on Big Thicket Preserve

Summary

Title 16, §698b

Notes & Related Subsidiaries

Editorial Notes

Amendments

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