16 U.S.C. § 698b: Right of use and occupancy…

Summary

Owners of certain homes can choose to keep the right to live on the property after the government buys it. They can pick a fixed term up to 25 years or keep the right until the owner or the owner’s spouse dies, whichever is later. If the house is not donated, the Secretary must pay the owner the market value of the property minus the value of the kept living right. The Secretary can end the living right if it is used in a way that goes against the purposes of sections 698 to 698e; if ended, the Secretary must notify the owner and pay the remaining value of the unused time. “Improved property” here means a detached, year-round, one-family home that is the owner’s main home when bought, whose construction began before July 1, 1973, used only for noncommercial living, plus up to three acres and any needed access land and accessory buildings. If an owner keeps this living right, they give up relocation assistance and are not treated as a “displaced person” under sections 4623–4626 and 4601(6) of title 42.

Title 16, §698b

Conservation, Source: USLM XML via OLRC

(a)Election of right of use and occupancy; payment of fair market value; termination of right

The owner of an improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than 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 later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of sections 698 to 698e of this title, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired.

(b)“Improved property” defined

As used in sections 698 to 698e of this title, the term “improved property” means a detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.

(c)Waiver of right to relocation assistance by election of right of use and occupancy

Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under section 4623, 4624, 4625, and 4626 of title 42, and for the purposes of such sections such owner shall not be considered a displaced person as defined in section 4601(6) of title 42.

Editorial Notes

Amendments

1976—Subsec. (b). Pub. L. 94–578 substituted “detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and” for “detached, one-family dwelling,”.

§698b Right of Use and Occupancy of Improved Property on Big Thicket Preserve

Summary

Title 16, §698b

Notes & Related Subsidiaries

Editorial Notes

Amendments

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