§251h — Title 16 Conservation | U.S. Code

Summary

When the park boundary is changed under sections 251e to 251m, an owner of improved property inside the new boundary can keep a right to live on the property for noncommercial residential use that existed on or before January 1, 1976. That right may last for 25 years from the date the government acquires the land, or instead it can last until the owner or the owner’s spouse dies, whichever is later. The Secretary must pay the owner the fair market value of the property on the acquisition date, minus the value of the retained right. “Improved property” means a single-family house whose construction began before January 1, 1976, plus enough nearby land owned with the house for its residential use as the Secretary decides. That land cannot be more than three acres, and the Secretary may exclude beaches, water, or adjoining land needed for public access.

Title 16, §251h

Conservation — Source: USLM XML via OLRC

(1)Any owner or owners of improved property within the boundaries of the park, as revised by and pursuant to sections 251e to 251m of this title may, on the date of its acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for such noncommercial residential purposes as existed on or before January 1, 1976, for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. 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.

(2)As used in sections 251e to 251m of this title, the term “improved property” shall mean any single-family dwelling on which construction was begun before January 1, 1976, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, as the Secretary shall designate. The amount of the land so designated shall in every case be not more than three acres in area: Provided, That the Secretary may exclude from the land so designated any beach or water, together with so much of the land adjoining any such beach or water, as he may deem necessary for public access thereto.

Editorial Notes

References in Text

Sections 251e to 251m of this title, referred to in text, was in the original “this Act” and “this title”, meaning Pub. L. 94–578 and title III of Pub. L. 94–578, respectively.

§251h Property Retention Rights; Compensation at Fair Market Value; “improved Property” Defined

Summary

Title 16, §251h

Notes & Related Subsidiaries

Editorial Notes

References in Text

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