Title 16, ConservationRelease 119-110

§79d Acquisition of Lands

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER VII — REDWOOD NATIONAL PARK › § 79d

Last updated Sep 22, 2026|Official source

Summary

When the Secretary buys an improved property, the owner may keep the right to live in and use the house for noncommercial residential purposes. The owner can choose a fixed term up to 25 years or a term that lasts until the owner or the owner’s spouse dies, whichever is later. If the property was not donated, the Secretary pays the owner the fair market value on the purchase date minus the value of the kept right. The Secretary can end the kept right if it is used in a way that conflicts with the park’s purpose. To end it the Secretary must notify the holder and pay the fair market value of the unused portion. Improved property — a detached, noncommercial home whose construction began before October 9, 1967, plus the land and accessory buildings needed for its noncommercial residential use. The Secretary may also sell or lease real property acquired in sections 5 and 8, township 13 north, range 1 east, Humboldt meridian, back to the former owner with conditions that prevent uses inconsistent with the national park.

Full Legal Text

Title 16, §79d

Conservation, Source: USLM XML via OLRC

(a)Owner’s retention of right of use and occupancy for noncommercial residential purposes for fixed term of years or for life; election of term; fair market value; termination of use and occupancy inconsistent with stated purpose and upon payment of sum for unexpired right

The owner of improved property on the date of its acquisition by the Secretary under this subchapter 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 the 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 minus 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 purpose of this subchapter, 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

The term “improved property”, as used in this section, means a detached, noncommercial residential dwelling, the construction of which was begun before October 9, 1967, 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.

(c)Sale or lease of certain realty to former owner; conditions and restrictions

The Secretary shall have, with respect to any real property acquired by him in section 5 and 8, township 13 north, range 1 east, Humboldt meridian, authority to sell or lease the same to the former owner under such conditions and restrictions as will assure that it is not utilized in a manner or for purposes inconsistent with the national park.

Reference

Citations & Metadata

Citation

16 U.S.C. § 79d

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110