Title 16 — ConservationRelease 119-73not60

§425m Retained Rights

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

Last updated Apr 5, 2026|Official source

Summary

Owners of homes bought under sections 425k–425o may keep the right to live in the house for residential (not commercial) use. The right can last up to 25 years or end when the owner or the owner’s spouse dies, unless the Secretary decides the property is needed for development or public use. Ownership is measured as of June 1, 1989. If the property was not donated, the Secretary must pay the fair market value at the purchase date minus the value of the retained right. The Secretary can set conditions and can end the right after giving reasonable notice if the use clashes with park management, protection, or public use. If ended, the owner is paid the fair value of the unused portion. "Improved property" means a year‑round single‑family house (not for business) plus the land the Secretary finds is needed to enjoy it.

Full Legal Text

Title 16, §425m

Conservation — Source: USLM XML via OLRC

(a)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)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)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

Apr 5, 2026

Release point: 119-73not60