Title 16, ConservationRelease 119-73not60

§460z–6 Land Acquisition in Recreation Area; Donation and Exchange; Railway Right-of-way; Retention Rights of Owners of Improved Property

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXXXIV— OREGON DUNES NATIONAL RECREATION AREA › § 460z–6

Last updated Apr 5, 2026|Official source

Summary

Only donations or exchanges can be used to get lands, waters, or related interests inside the recreation area that Oregon or its local governments own or control. The Southern Pacific Railway right‑of‑way inside the area cannot be taken without the railway's consent while it is used for railroad purposes, but the Secretary may condemn easements across it for access. If someone owns an "improved property" inside the area, they may reserve the right to live in the house and use up to three acres where it sits. That right ends at the owner's death or the later death of the spouse, or it can be set for up to 25 years, chosen when the property is transferred. The Secretary can leave out land needed for public use. The reserved right can be conveyed or leased only as a whole and only for noncommercial residential use. The Secretary pays the owner the fair market value of the property minus the value of the reserved right, and may later buy that right with the owner's consent by paying its remaining fair market value. "Improved property" means a detached one‑family house whose construction began before December 31, 1970, with its accessory buildings and the land needed for noncommercial residential use, all under the same owner.

Full Legal Text

Title 16, §460z–6

Conservation, Source: USLM XML via OLRC

(a)Within the boundaries of the recreation area lands, waters, and interests therein owned by or under the control of the State of Oregon or any political subdivision thereof may be acquired only by donation or exchange.

(b)No part of the Southern Pacific Railway right-of-way within the boundaries of the recreation area may be acquired without the consent of the railway, so long as it is used for railway purposes: Provided, That the Secretary may condemn such easements across said right-of-way as he deems necessary for ingress and egress.

(c)Any person owning an improved property, as hereafter defined, within the recreation area may reserve for himself and his assigns, as a condition of the acquisition of such property, a right of use and occupancy of the residence and not in excess of three acres of land on which such residence is situated. Such reservation shall be for a term ending at the death of the owner, or the death of his spouse, whichever occurs later, or, in lieu thereof, for a definite term not to exceed twenty-five years: Provided, That the Secretary may exclude from such reserved property any lands or waters which he deems necessary for public use, access, or development. The owner shall elect, at the time of conveyance, the term of the right to be reserved. Where any such owner retains a right of use and occupancy as herein provided, such right may during its existence be conveyed or leased in whole, but not in part, for noncommercial residential purposes. 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. At any time subsequent to the acquisition of such property the Secretary may, with the consent of the owner of the retained right of use and occupancy, acquire such right, in which event he shall pay to such owner the fair market value of the remaining portion of such right.

(d)The term “improved property” wherever used in this subchapter shall mean a detached one-family dwelling the construction of which was begun before December 31, 1970, together with any structures accessory to it and the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary finds necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460z–6

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60