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

Summary

Allows an owner whose improved property is bought by the Secretary to keep the right to live on and use that property. The owner picks a fixed term up to 25 years or a term that ends when the owner or the owner’s spouse dies, whichever is later. If the property is not donated, the owner is paid the fair market value of the land and buildings minus the value of the right they keep. The Secretary can end the right if it is used in ways that go against the purposes of sections 698f–698m–4, including breaking state or local laws. If ended, the Secretary must notify the owner and pay the remaining fair market value of the unused part of the right. “Improved property” means either a detached one-family house started before November 23, 1971 (or before January 1, 1986 for the Addition) used as a home, with up to 3 acres and needed access land and accessory buildings, or any other building started before those dates that was lawfully built and used, with whatever land the Secretary says is reasonably needed to keep using the building as before. An owner who keeps this right gives up benefits under sections 4623, 4624, 4625, and 4626 of title 42 and is not treated as a “displaced person” under section 4601(6) of title 42.

Title 16, §698h

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 of and occupancy of the improved property 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 698f to 698m–4 of this title, which shall include the exercise of such right in violation of any applicable State or local laws and ordinances, 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 698f to 698m–4 of this title, the term “improved property” means:

(i)a detached one family dwelling, construction of which was begun before November 23, 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such additional lands as the Secretary deems reasonably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and

(ii)any other building, construction of which was begun before November 23, 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which was constructed and is used in accordance with all applicable State and local laws and ordinances, together with as much of the land on which the building is situated, such land being in the same ownership as the building, as the Secretary shall designate to be reasonably necessary for the continued enjoyment and use of the building in the same manner and to the same extent as existed in November 23, 1971, or January 1, 1986, as the case may be, together with any structures accessory to the building which are situated on the lands so designated. In making such designation the Secretary shall take into account the manner of use in which the building, accessory structures, and lands were customarily enjoyed prior to November 23, 1971 or January 1, 1986, as the case may be.11 See 1988 Amendment note below.

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (b)(i). Pub. L. 100–301, § 4(f)(1), inserted “with respect to the preserve and

January 1, 1986, with respect to the Addition” after “

November 23, 1971,”. Subsec. (b)(ii). Pub. L. 100–301, § 4(f)(2)(A), inserted “with respect to the preserve and

January 1, 1986, with respect to the Addition” after “

November 23, 1971,”. Pub. L. 100–301, § 4(f)(2)(B), which directed insertion of “or

January 1, 1986, as the case may be,” after “

November 23, 1971,” the second and third places it appears, was executed by making the insertion after “

November 23, 1971,” the second place it appears and after “

November 23, 1971” preceding the period as the probable intent of Congress.

§698h Right of use and occupancy of improved property on Big Cypress Preserve and Addition

Summary

Title 16, §698h

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata