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16 U.S.C. § 460s–10Acquisition of property

submitted 60 years ago by Pub. L. 89-668 to r/title-16-CONSERVATION · 482 words · no verdicts yet

in plain englishAI-generated · not legal advice

When the Secretary buys improved property, the original owner may keep the right to live there for up to 25 years, or for life, as long as the use fits the lakeshore's purposes. The Secretary pays the property's value minus the value of that retained right, and can end it early if the owner breaks the rules.

(a) Owner's retention of right of use and occupancy: When the Secretary buys improved property, the owner may -- as a condition of the sale -- keep the right to use and live in it for residential purposes. This right lasts up to 25 years, or until the owner dies, whichever the owner chooses. But the use must fit this subchapter's purposes and must not hurt the area's usefulness and attractiveness. The Secretary pays the owner the property's value on the sale date, minus the value of the retained right. While this right exists, the owner may sell or lease it to someone else, but only for noncommercial residential use. (b) Termination of use and occupancy because of noncompliance: Any deed transferring such property must say the property cannot be used in a way that conflicts with this subchapter's purposes or hurts the lakeshore's usefulness and attractiveness. If it is used that way, the Secretary may end the retained right early. If the Secretary does this, the Secretary must pay the owner the value of whatever part of the right remained unused on the date it ended. (c) Land subject to lease of cottage or hunting lodge: If the Secretary buys land with a cottage or hunting lodge that was under a lease on December 31, 1964, and that lease is still active when the land is bought, the Secretary buys the land subject to that lease -- the lessee keeps using the property under the lease's terms. Once that lease ends, the Secretary may give the same lessee a new lease to keep using the cottage or lodge, for up to 25 years or until the lessee dies, under conditions the Secretary sets.
the actual law source: uscode.house.gov ↗public domain
(a) Owner’s retention of right of use and occupancy for residential purposes for term of years or life; adjustment of compensation; conveyance or lease of right for noncommercial residential purposes

Any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain, for a term of not to exceed twenty-five years, or for a term ending at the death of such owner or owners, the right of use and occupancy of such property for any residential purpose which is not incompatible with the purposes of this subchapter or which does not impair the usefulness and attractiveness of the area designated for inclusion. The Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. Where any such owner retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes in accordance with the provisions of this section.

(b) Termination of use and occupancy because of noncompliance with statutory uses; adjustment of compensation

Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this subchapter, or which impairs the usefulness and attractiveness of the lakeshore and if it should be so used, the Secretary shall have authority to terminate such right. In the event the Secretary exercises his power of termination under this subsection he shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.

(c) Land subject to lease of cottage or hunting lodge; new lease for term of years or life; conditions of lease

Any land acquired by the Secretary under this subchapter on which there is situated a cottage or hunting lodge which, on December 31, 1964, was under lease to any lessee or lessees shall, if such lease is in effect on the date such land is so acquired, be acquired by the Secretary subject to such lease and the right of such lessee or lessees to continue using the property covered by such lease in accordance with the provisions thereof. Upon the expiration of such lease, the Secretary shall have the authority to enter into a lease with such lessee or lessees authorizing them to continue using such cottage or lodge (as the case may be) for a term of not to exceed twenty-five years, or for a term ending at the death of such lessee or lessees, subject to such conditions as may be prescribed by the Secretary.

Source credit: (Pub. L. 89–668, § 11, Oct. 15, 1966, 80 Stat. 925.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-668 · 80 Stat. 925

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-668 on 1966-10-15.

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