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

Summary

An owner whose improved property is bought by the Secretary can choose to keep the right to live on and use that property. The owner picks either a fixed term up to 25 years or a term that lasts until the owner dies or until the owner’s spouse dies, whichever is later. If the property was not donated, the Secretary must pay the owner the fair market value of the property minus the value of the right the owner keeps. The Secretary can end the owner’s right if the owner uses the property in ways that go against the purposes of sections 698f to 698m–4, including breaking state or local laws. The right ends when the Secretary tells the owner and pays the fair market value of the remaining unexpired part. “Improved property” means either (i) a detached one-family home started before November 23, 1971 (preserve) or January 1, 1986 (Addition), used as a noncommercial residence, with up to three acres and any needed access and accessory structures, or (ii) any other building begun before those dates that was built and used under applicable laws, with whatever land the Secretary finds needed to continue using the building as it was then, plus accessory structures. If an owner keeps a right to use and occupy the property, the owner gives up relocation assistance benefits under sections 4623–4626 of title 42 and is not considered a “displaced person” under section 4601(6) of title 42.

Title 16, §698h

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 of and occupancy of the improved property 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 698f to 698m–4 of this title, which shall include the exercise of such right in violation of any applicable State or local laws and ordinances, 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 698f to 698m–4 of this title, the term “improved property” means:

(i)a detached one family dwelling, construction of which was begun before November 23, 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such additional lands as the Secretary deems reasonably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and

(ii)any other building, construction of which was begun before November 23, 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which was constructed and is used in accordance with all applicable State and local laws and ordinances, together with as much of the land on which the building is situated, such land being in the same ownership as the building, as the Secretary shall designate to be reasonably necessary for the continued enjoyment and use of the building in the same manner and to the same extent as existed in November 23, 1971, or January 1, 1986, as the case may be, together with any structures accessory to the building which are situated on the lands so designated. In making such designation the Secretary shall take into account the manner of use in which the building, accessory structures, and lands were customarily enjoyed prior to November 23, 1971 or January 1, 1986, as the case may be.

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (b)(i). Pub. L. 100–301, § 4(f)(1), inserted “with respect to the preserve and

January 1, 1986, with respect to the Addition” after “

November 23, 1971,”. Subsec. (b)(ii). Pub. L. 100–301, § 4(f)(2)(A), inserted “with respect to the preserve and

January 1, 1986, with respect to the Addition” after “

November 23, 1971,”. Pub. L. 100–301, § 4(f)(2)(B), which directed insertion of “or

January 1, 1986, as the case may be,” after “

November 23, 1971,” the second and third places it appears, was executed by making the insertion after “

November 23, 1971,” the second place it appears and after “

November 23, 1971” preceding the period as the probable intent of Congress.

§698h Right of Use and Occupancy of Improved Property on Big Cypress Preserve and Addition

Summary

Title 16, §698h

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata