Title 16, ConservationRelease 119-73not60
§459e–3 Retention by Owner of Right of Use and Occupancy of Improved Property for Residential Purposes
Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXIII— NATIONAL SEASHORE RECREATIONAL AREAS › § 459e–3
Summary
Owners who sell improved property to the Secretary may keep for themselves or their heirs a right to live on the property (not run a business there) for up to 25 years. The value of that right is subtracted from the sale price. The Secretary can end that right if the use conflicts with a zoning rule the Secretary approved; if ended, the owner must be paid the fair market value of the unused portion of the right.
Full Legal Text
Title 16, §459e–3
Conservation, Source: USLM XML via OLRC
(a)Owners of improved property acquired by the Secretary may reserve for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a term that is not more than twenty-five years. The value of the reserved right shall be deducted from the fair market value paid for the property.
(b)A right of use and occupancy reserved pursuant to this section shall be subject to termination by the Secretary upon his determination that the use and occupancy is not consistent with an applicable zoning ordinance approved by the Secretary in accordance with the provisions of section 459e–2 of this title, and upon tender to the owner of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
Reference
Citations & Metadata
Citation
16 U.S.C. § 459e–3
Title 16, Conservation
Last Updated
Apr 5, 2026
Release point: 119-73not60