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Title 16, ConservationRelease 119-73not60

§460w–3 Retention Rights of Owners of Improved Property

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXXXI— APOSTLE ISLANDS NATIONAL LAKESHORE › § 460w–3

Last updated Apr 5, 2026|Official source

Summary

Except for up to 80 acres set aside for an administrative site, visitor center, or related facilities, when the Secretary buys an improved property the owner can keep the right to live there for noncommercial residential use. The owner chooses either a fixed term up to 25 years or a term that ends at the later of the owner’s or the owner’s spouse’s death. The government pays the owner the fair market value of the property on the purchase date minus the value of the right the owner keeps. The government can end the kept right for the whole property if the place stops being used as a noncommercial home or for farming. If ended early, the government must pay the fair market value, on the date of that payment, of the unused part of the right. Improved property means a detached noncommercial house begun before January 1, 1967 (or before January 1, 1985 for certain lands), plus enough surrounding land and accessory buildings needed for using the house for noncommercial residential purposes.

Full Legal Text

Title 16, §460w–3

Conservation, Source: USLM XML via OLRC

(a)With the exception of not more than eighty acres of land to be designated within the lakeshore boundaries by the Secretary as an administrative site, visitor center, and related facilities, as soon as practicable, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or, in lieu thereof, for a term ending at the death of the owner, or the death of his spouse, whichever is the later. The owner shall elect the term to be reserved. 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 on such date of the right retained by the owner.
(b)A right of use and occupancy retained pursuant to this section may be terminated with respect to the entire property by the Secretary upon his determination that the property or any portion thereof has ceased to be used for noncommercial residential or for agricultural purposes, and upon tender to the holder of a right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination.
(c)The term “improved property”, as used in this section, shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1967, or before January 1, 1985 for those lands referred to in section 460w(b) of this title (hereinafter referred to as “dwelling”), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (c). Pub. L. 99–497 inserted “, or before January 1, 1985 for those lands referred to in section 460w(b) of this title”.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460w–3

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60