16 U.S.C. § 429b–2 — Retention of right of use and occupation of improved property by owner
submitted 72 years ago by Pub. L. 96-442 to r/title-16-CONSERVATION · 313 words · no verdicts yet
Owners whose homes are bought by the park can keep living there for a set time. They choose a term up to 25 years, or until they or their spouse dies. The Secretary pays them the home's value minus the value of that right to stay.
(a) Time limits; compensation
This subsection lets some homeowners stay in their homes after the park buys them. After October 13, 1980, when the Secretary acquires someone's improved property (a home with buildings on it), the owner can choose, as part of the deal, to keep a right to use and occupy it. This right is for noncommercial, residential use only. The owner picks the term: either a fixed period of up to 25 years, or a period that lasts until the owner or the owner's spouse dies, whichever happens later.
Unless the owner donates the property (in whole or in part) to the United States, the Secretary must pay the owner the property's fair market value on the date it's acquired, minus the value of the right the owner is keeping. If the owner does donate the property, the Secretary can instead pay whatever smaller amount the owner agrees to.
The Secretary can end this right early if it's being used in a way that doesn't fit the purposes of sections 429b through 429b–5. To do that, the Secretary must notify the owner of this determination and pay the owner the fair market value of whatever time was left on the right — once that happens, the right ends automatically.
(b) Displaced person; waiver of benefits
This subsection affects relocation benefits. An owner who chooses to keep a right of use and occupancy under this section is not treated as a "displaced person" under section 4601(6) of title 42. That means these owners are considered to have given up any benefits they might otherwise get under sections 4623 through 4626 of title 42 — the federal relocation assistance benefits.
Subsequent to October 13, 1980, the owner of 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 for a term ending at the death of the owner or the death of the spouse of the owner, 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 an amount equal to the fair market value of the property on the date of its acquisition less the value on such date of the right retained by the owner. If such property is donated (in whole or in part) to the United States, the Secretary may pay to the owner such lesser amount as the owner may agree to. 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 429b to 429b–5 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.
No property owner who elects to retain a right of use and occupancy under this section shall be considered a displaced person as defined in section 4601(6) of title 42. Such owners shall be considered to have waived any benefits which would otherwise accrue to them under sections 4623 to 4626 of title 42.
Source credit: (Apr. 17, 1954, ch. 153, § 3, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1886.)
- 1954Enacted · Pub. L. 96-442 · 94 Stat. 1886
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-442 on 1954-04-17.
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