Title 16, ConservationRelease 119-102

§90b–2 Owner’s Retention of Right of Use and Occupancy for Agricultural, Residential, or Commercial Purposes for Life or Term of Years; Transfer or Assignment of Right; Termination of Use and Occupancy for a Contrary Use and Upon Payment of Sum for Unexpired Right

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER X — NORTH CASCADES NATIONAL PARK › § 90b–2

Last updated Aug 21, 2026|Official source

Summary

When the government buys property that was being used for farming, a single-family home, or a commercial use that fits the park, the owner can keep the right to use and live on that property for the same purpose. The owner chooses: keep it until the owner or the owner’s spouse dies (whichever is later), or keep it for a fixed term up to 25 years. The owner may transfer that right to someone else while it lasts. The Secretary can end the right if the property is used in a different way than it was when bought. If the Secretary ends the right early, the owner must be paid the fair market value of the remaining time.

Full Legal Text

Title 16, §90b–2

Conservation, Source: USLM XML via OLRC

Any owner of property acquired by the Secretary which on the date of acquisition is used for agricultural or single-family residential purposes, or for commercial purposes which he finds are compatible with the use and development of the park or the recreation areas, may, as a condition of such acquisition, retain the right of use and occupancy of the property for the same purposes for which it was used on such date, for a period ending at the death of the owner or the death of his spouse, whichever occurs later, or for a fixed term of not to exceed twenty-five years, whichever the owner may elect. Any right so retained may during its existence be transferred or assigned. Any right so retained may be terminated by the Secretary at any time after the date upon which any use of the property occurs which he finds is a use other than one which existed on the date of acquisition. In the event the Secretary terminates a right of use and occupancy under this section, he shall pay to the owner of the right the fair market value of the portion of said right which remains unexpired on the date of termination.

Reference

Citations & Metadata

Citation

16 U.S.C. § 90b–2

Title 16, Conservation

Last Updated

Aug 21, 2026

Release point: 119-102