16 U.S.C. § 230b: Owner’s retention of right…

Summary

Owners of certain homes in the Barataria Preserve Unit may sell their house to the United States but keep the right to live in it if the Secretary agrees it won’t interfere with park plans. The owner can choose to keep that right for life (until the owner or spouse dies, whichever is later) or for up to 25 years. Unless the house is donated, the Secretary must pay the owner the fair market value of the property minus the value of the kept right. The right can be transferred to someone else. The Secretary can end the right if the house is not used as a noncommercial year‑round home, and must then pay the fair market value of the unused time left. Improved property means a single‑family, year‑round home started before January 1, 1977 (or before January 1, 2007 for areas added later) that was the owner’s main home when the U.S. bought it, plus up to three acres needed for the house.

Title 16, §230b

Conservation, Source: USLM XML via OLRC

Within the Barataria Preserve Unit, the owner or owners of improved property used for noncommercial residential purposes on a year-round basis may, as a condition of the acquisition of such property by the Secretary, elect to retain a right of use and occupancy of such property for noncommercial residential purposes if, in the judgment of the Secretary, the continued use of such property for a limited period would not unduly interfere with the development or management of the park. Such right of use and occupancy may be either a period ending on the death of the owner or his spouse, whichever occurs last, or a term of not more than twenty-five years, at the election of the owner. Unless the property is donated, the Secretary shall pay to the owner the fair market value of the property less the fair market value of the right retained by the owner. Such right may be transferred or assigned and may be terminated by the Secretary, if he finds that the property is not used for noncommercial residential purposes, upon tender to the holder of the right an amount equal to the fair market value of the unexpired term. As used in this section, the term “improved property” means a single-family, year-round dwelling, the construction of which was begun before January 1, 1977 (or January 1, 2007, for areas added to the park after that date), which serves as the owner’s permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located which the Secretary finds is reasonably necessary for the owner’s continued use and occupancy of the dwelling.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Pub. L. 111–11 substituted “Barataria Preserve Unit” for “Barataria Marsh Unit” in first sentence and inserted “(or

January 1, 2007, for areas added to the park after that date)” after “

January 1, 1977” in fifth sentence.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.

§230b Owner’s Retention of Right of Use and Occupancy for Residential Purposes for Life or Fixed Term of Years; Election of Term; Fair Market Value; Transfer, Assignment or Termination; “improved Property” Defined