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16 U.S.C. § 450e–1 — Appomattox Court House National Historical Park

submitted 50 years ago by Pub. L. 94-578 to r/title-16-CONSERVATION · 570 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets the boundaries of Appomattox Court House National Historical Park and lets the Secretary acquire land inside them. Prior owners of homes there can keep a lifetime or fixed-term right to live in their property. Up to $1,335,000 is authorized for the park.

(a) Boundaries -- The Appomattox Court House National Historical Park consists of the area shown on the map "Boundary Map, Appomattox Court House National Historical Park," numbered 340/80,015, dated June 1992. This map is on file and open for public inspection at National Park Service offices.

(b) Land acquisition by donation, purchase, or exchange; limitation on acquisition of State land -- Within the park's boundaries, the Secretary can acquire land or interests in land by donation, by purchase with donated or appropriated funds, or by exchange. But land owned by the State of Virginia or its political subdivisions can only be acquired by donation.

(c) Owner's reservation of right of use and occupancy of improved property for residential purposes for life or fixed term of years; compensation at fair market value; termination of right retained by owner; "improved property" defined; waiver of rights and benefits by owner
(1) The owner of an "improved property" (defined below) on the date the Secretary acquires it may, as a condition of the acquisition, keep for themselves and their heirs and assigns a right to use and occupy the property for noncommercial residential purposes. This right lasts for a fixed term of up to twenty-five years, or, if the owner elects instead, for a term ending at the death of the owner or the owner's spouse, whichever is later. The owner chooses which term to reserve. Unless the property is wholly or partly donated to the United States, the Secretary must pay the owner the property's fair market value on the acquisition date, minus the fair market value, on that date, of the right the owner retained. The Secretary can terminate this retained right if the Secretary determines it's being used in a way inconsistent with this section's purposes; it then ends by operation of law once the Secretary notifies the holder of that determination and tenders an amount equal to the fair market value of whatever part of the right remains unexpired.
(2) "Improved property" means a detached, single-family dwelling whose construction began before June 8, 1976, used for noncommercial residential purposes, together with whatever additional land the Secretary considers reasonably necessary for access to it -- as long as that land has the same owner as the dwelling -- plus any structures accessory to the dwelling situated on that land.
(3) An owner who elects to retain a right of use and occupancy under this section is deemed to have waived any benefits or rights under sections 4623, 4624, 4625, and 4626 of title 42. For those sections, that owner isn't considered a "displaced person" as section 4601(6) of title 42 defines it.

(d) Administration -- The Secretary administers the park in accordance with the Acts of August 25, 1916 (39 Stat. 535), as amended and supplemented, and August 21, 1935 (49 Stat. 666), as amended.

(e) Omitted -- This subsection has been left out of the current text.

(f) Authorization of appropriation -- Congress may appropriate not to exceed $1,335,000 to carry out this section.

the actual law source: uscode.house.gov ↗public domain
(a) Boundaries

The Appomattox Court House National Historical Park shall hereafter comprise the area depicted on the map entitled “Boundary Map, Appomattox Court House National Historical Park”, numbered 340/80,015 and dated June 1992, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(b) Land acquisition by donation, purchase, or exchange; limitation on acquisition of State land

Within the boundaries of the park, the Secretary may acquire lands and interests in lands, by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the State of Virginia or its political subdivisions may be acquired only by donation.

(c) Owner’s reservation of right of use and occupancy of improved property for residential purposes for life or fixed term of years; compensation at fair market value; termination of right retained by owner; “improved property” defined; waiver of rights and benefits by owner
(1)

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 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 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 this section, 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.

(2)

As used in this section, the term “improved property” means a detached, single-family dwelling, construction of which was begun before June 8, 1976, which is used for noncommercial residential purposes, together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.

(3)

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 sections 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.

(d) Administration

The Secretary shall administer the park in accordance with the Acts of August 25, 1916 (39 Stat. 535),1 as amended and supplemented, and August 21, 1935 (49 Stat. 666) 1 as amended.

(e) Omitted

(f) Authorization of appropriation

There are authorized to be appropriated not to exceed $1,335,000 to carry out the purposes of this section.

Source credit: (Pub. L. 94–578, title III, § 308, Oct. 21, 1976, 90 Stat. 2735; Pub. L. 102–541, § 3(a), Oct. 27, 1992, 106 Stat. 3565.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-578 · 90 Stat. 2735
  • 1992Amended · Pub. L. 102-541 · 106 Stat. 3565

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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