Title 16, ConservationRelease 119-110

§425m Retained Rights

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LX — NATIONAL MILITARY PARKS › § 425m

Last updated Sep 22, 2026|Official source

Summary

If the Secretary does not need the land for development or public use, owners of "improved property" bought under sections 425k–425o can keep the right to live there for noncommercial residential use. That right can last up to 25 years or end at the owner’s or the owner’s spouse’s death. Owners must pick the term; corporations, trusts, partnerships, and other non‑individual owners cannot choose more than 25 years. Ownership is determined as of June 1, 1989. If the property was not donated, the Secretary pays the fair market value at acquisition minus the value of the kept right. The Secretary can set rules for the retained right and can end it after reasonable notice if the property is used in a way that conflicts with park management. If the right is ended, the owner must be paid the fair market value of the unexpired portion. "Improved property" means a year‑round, noncommercial single‑family home and the land needed to enjoy it.

Full Legal Text

Title 16, §425m

Conservation, Source: USLM XML via OLRC

(a)Retention of use and occupancy

With the exception of property which the Secretary determines is necessary for development or public use, the owner or owners of improved property acquired pursuant to sections 425k to 425o of this title may retain a right of use and occupancy of such improved property for noncommercial residential purposes for a definite term of not more than twenty-five years, or for a term ending at the death of the owner or the owner’s spouse. The owner shall elect the term to be reserved, except that if the owner is a corporation, trust, partnership, or any entity other than an individual, the term shall not exceed twenty-five years. Ownership shall be determined as of June 1, 1989. Unless the property is wholly or partially donated, 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 of the right retained by the owner.

(b)Terms and conditions

Any rights retained pursuant to this section shall be subject to such terms and conditions as the Secretary may prescribe and may be terminated by the Secretary upon his determination and after reasonable notice to the owner thereof that such property is being used for any purpose which is incompatible with the administration, protection, or public use of the park. Such right shall terminate by operation of law upon notification of the owner by the Secretary and tendering to the owner an amount equal to the fair market value of that portion of the right which remains unexpired.

(c)“Improved property” defined

As used in this section, the term “improved property” means a year-round noncommercial single-family dwelling together with such land, in the same ownership as the dwelling, as the Secretary determines is reasonably necessary for the enjoyment of the dwelling for single-family residential use.

Reference

Citations & Metadata

Citation

16 U.S.C. § 425m

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110