Title 16, ConservationRelease 119-110

§460s–10 Acquisition of Property

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXXVII — PICTURED ROCKS NATIONAL LAKESHORE › § 460s–10

Last updated Sep 22, 2026|Official source

Summary

Allows owners who have buildings on land the government buys to keep the right to live there for up to 25 years or until they die. The government pays the owner the land’s value at the time of purchase but subtracts the value of the kept living right. Owners may sell or rent that kept right only for nonbusiness home use. Deeds must forbid uses that conflict with the lakeshore rules or harm the area. If an owner breaks that rule, the Secretary can end their living right and must pay for the unused part left when it ends. If a cottage or hunting lodge was under lease on December 31, 1964 and the lease is still active when the government buys the land, the lease stays in force. When that old lease ends, the Secretary may give a new lease to the same lessee for up to 25 years or for life, under conditions the Secretary sets.

Full Legal Text

Title 16, §460s–10

Conservation, Source: USLM XML via OLRC

(a)Owner’s retention of right of use and occupancy for residential purposes for term of years or life; adjustment of compensation; conveyance or lease of right for noncommercial residential purposes

Any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain, for a term of not to exceed twenty-five years, or for a term ending at the death of such owner or owners, the right of use and occupancy of such property for any residential purpose which is not incompatible with the purposes of this subchapter or which does not impair the usefulness and attractiveness of the area designated for inclusion. The Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. Where any such owner retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes in accordance with the provisions of this section.

(b)Termination of use and occupancy because of noncompliance with statutory uses; adjustment of compensation

Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this subchapter, or which impairs the usefulness and attractiveness of the lakeshore and if it should be so used, the Secretary shall have authority to terminate such right. In the event the Secretary exercises his power of termination under this subsection he shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.

(c)Land subject to lease of cottage or hunting lodge; new lease for term of years or life; conditions of lease

Any land acquired by the Secretary under this subchapter on which there is situated a cottage or hunting lodge which, on December 31, 1964, was under lease to any lessee or lessees shall, if such lease is in effect on the date such land is so acquired, be acquired by the Secretary subject to such lease and the right of such lessee or lessees to continue using the property covered by such lease in accordance with the provisions thereof. Upon the expiration of such lease, the Secretary shall have the authority to enter into a lease with such lessee or lessees authorizing them to continue using such cottage or lodge (as the case may be) for a term of not to exceed twenty-five years, or for a term ending at the death of such lessee or lessees, subject to such conditions as may be prescribed by the Secretary.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460s–10

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110