Title 16, ConservationRelease 119-110

§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

Last updated Sep 22, 2026|Official source

Summary

When the Secretary buys improved property, the seller can keep a noncommercial right to live on the property for themselves, their heirs, or anyone they assign, for up to 25 years. The money value of that reserved right is taken off the price the Secretary pays for the property. The Secretary can end that right if the occupancy does not follow a zoning rule the Secretary has approved. If the Secretary ends it early, 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)Time limit; value of reserved right

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)Termination of right; compensation

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

Sep 22, 2026

Release point: 119-110