Title 16, ConservationRelease 119-73not60

§429b–2 Retention of Right of Use and Occupation of Improved Property by Owner

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LX— NATIONAL MILITARY PARKS › § 429b–2

Last updated Apr 5, 2026|Official source

Summary

If the Secretary buys improved property after October 13, 1980, the person who owned it when it was bought can choose to keep the right to live on and use the property as a home (not for business). The owner must pick a time period no longer than 25 years or a term that ends when the owner or the owner’s spouse dies, whichever comes later. Unless the owner donates all or part of the property to the United States, the Secretary must pay the owner the property’s fair market value minus the value of the kept right. If the property is donated, the Secretary may pay a smaller amount the owner agrees to. The Secretary can end the kept right if it is used against the program’s purposes, and must give the holder the fair market value of the unused part when ending it. An owner who keeps this right is not a “displaced person” under 42 U.S.C. 4601(6) and gives up any benefits they would get under 42 U.S.C. 4623–4626.

Full Legal Text

Title 16, §429b–2

Conservation, Source: USLM XML via OLRC

(a)Subsequent to October 13, 1980, the owner of 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 and occupancy of the 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 death of the spouse of the owner, 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 an amount equal to the fair market value of the property on the date of its acquisition less the value on such date of the right retained by the owner. If such property is donated (in whole or in part) to the United States, the Secretary may pay to the owner such lesser amount as the owner may agree to. 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 429b to 429b–5 of this title, 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)No property owner who elects to retain a right of use and occupancy under this section shall be considered a displaced person as defined in section 4601(6) of title 42. Such owners shall be considered to have waived any benefits which would otherwise accrue to them under sections 4623 to 4626 of title 42.

Reference

Citations & Metadata

Citation

16 U.S.C. § 429b–2

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60