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16 U.S.C. § 251hProperty retention rights; compensation at fair market value; “improved property” defined

submitted 50 years ago by Pub. L. 94-578 to r/title-16-CONSERVATION · 257 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owners of certain homes inside the new park boundary can keep living there. This right lasts 25 years, or until the owner or spouse dies, whichever is longer. The Secretary pays fair market value for the property, minus the value of that retained right.

(1) Any owner or owners of "improved property" (defined in (2)) inside the park's boundary, as revised by sections 251e to 251m of this title, may, when the government acquires the property, keep for themselves and their successors or assigns a right of use and occupancy for the same kind of noncommercial residential purpose the property was used for on or before January 1, 1976. This retained right lasts for 25 years, or, instead, for a term ending at the death of the owner or the owner's spouse, whichever is later. The Secretary must pay the owner the property's fair market value on the date of acquisition, minus the fair market value, on that same date, of the right the owner retained. (2) As used in sections 251e to 251m of this title, "improved property" means any single-family dwelling on which construction began before January 1, 1976, together with as much of the land the dwelling sits on (owned by the same person as the dwelling) as the Secretary decides is reasonably necessary to enjoy the dwelling for noncommercial residential use alone. This designated land can never be more than three acres. The Secretary may also exclude from the designated land any beach or water area, and adjoining land, that the Secretary considers necessary for public access to it.
the actual law source: uscode.house.gov ↗public domain
(1)

Any owner or owners of improved property within the boundaries of the park, as revised by and pursuant to sections 251e to 251m of this title may, on the date of its acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for such noncommercial residential purposes as existed on or before January 1, 1976, for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. 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.

(2)

As used in sections 251e to 251m of this title, the term “improved property” shall mean any single-family dwelling on which construction was begun before January 1, 1976, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, as the Secretary shall designate. The amount of the land so designated shall in every case be not more than three acres in area: Provided, That the Secretary may exclude from the land so designated any beach or water, together with so much of the land adjoining any such beach or water, as he may deem necessary for public access thereto.

Source credit: (Pub. L. 94–578, title III, § 320(e), Oct. 21, 1976, 90 Stat. 2740.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-578 · 90 Stat. 2740

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-578 on 1976-10-21.

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