16 U.S.C. § 460x–9: Right of retention of…

Summary

Owners or people living on improved homes inside the land the Secretary acquires can keep the right to live there for up to twenty-five years or until they die. The kept right is only for residential use that does not conflict with why the land is being added to the lakeshore or that would hurt the area's usefulness or attractiveness. While the right exists, it can be sold or rented for noncommercial residential use, and the holder may give or lease it to an immediate family member. When the United States buys the property, the Secretary will pay the owner the property value on the purchase date minus the value of the retained right. If the United States already owned the property and an occupier wants to keep using it, that occupier must pay the Secretary the value of the extra right based on the value when the United States acquired the land. People who choose to keep the right must tell the Secretary within 60 days after getting the Secretary’s notice. The deed must forbid incompatible uses, and the Secretary can end the right for misuse and must pay the owner the value of the unused portion. An owner may also end the right at any time, and the Secretary must pay that unused value within 120 days. "Member of the immediate family" means spouse, brother, sister, or child, including by adoption and step-child.

Title 16, §460x–9

Conservation, Source: USLM XML via OLRC

(a)Limited term; conforming use; payment for right; sale or lease of right

Any owner or owners of improved property situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary may, as a condition of 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)Option to retain use of land; notice to Secretary; payment

Any person who is—

(1)an owner of improved property described in section 460x–10(a)(2) of this title which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary; or

(2)an occupier of improved property described in section 460x–10(a)(2) of this title which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary, in situations where the fee ownership of such improved property has been heretofore acquired by the United States (whether by donation, purchase, condemnation, exchange or otherwise);

may retain, for a term not to exceed twenty-five years from January 1, 1973, or for a term ending on the death of such owner or occupier, the right of use or 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. Such owner or occupier must notify the Secretary of any intention to exercise such option within 60 days after receipt of the notice referred to in section 460x–10(c)(3) of this title. In situations where the United States has not heretofore acquired fee title to the improved property, 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. In situations where the United States has heretofore acquired fee title to the improved property, the occupier may notify the Secretary that such occupier elects to retain continued use and occupancy of such property pursuant to this section, in which event the occupier shall pay to the Secretary the value of the additional right retained, which value shall be based upon the value of the property at the time of its acquisition by the Secretary.

(c)Limitation on use in instrument evidencing right; Secretary’s power of termination of right

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, and any instrument evidencing any right of use and occupancy retained by any occupier 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 such area, and if it should be so used, that the Secretary many 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.

(d)Transfer of right to member of immediate family; owner option to terminate; payment by Secretary; “member of the immediate family” defined

(1)Any owner or occupier of improved property who retains a right of use and occupancy under subsection (b) may convey or lease such right during its existence to a member of such owner or occupier’s immediate family for noncommercial residential purposes which are not incompatible with the purposes of this subchapter and which do not impair the usefulness and attractiveness of the area designated for inclusion.

(2)Any owner or occupier of improved property who has retained a right of use and occupancy under subsection (b) may terminate such right at any time, and the Secretary shall pay, within 120 days after the date of such termination, 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.

(3)As used in this subchapter, the term “member of the immediate family” means spouse, brother, sister, or child, including persons bearing such relationships through adoption, and step-child.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Subsec. (b). Pub. L. 97–361 substituted provisions granting owners and occupiers of improved lakeshore property described in section 460x–10 of this title the right of retention of a compatible residential use for a limited term upon notification of the Secretary and payment for the right retained for former provisions which were redesignated as subsec. (c) and amended. Subsec. (c). Pub. L. 97–361 redesignated subsec. (b) as (c), and amended it to apply expressly to any instrument evidencing any right of use and occupancy retained by any occupier under this section. Subsec. (d). Pub. L. 97–361 added subsec. (d).

§460x–9 Right of Retention of Residential Use in Improved Lands

Summary

Title 16, §460x–9

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata