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16 U.S.C. § 460u–3“Improved property” and “appropriate map” defined; terms and conditions for rights of use and occupancy

submitted 60 years ago by Pub. L. 89-761 to r/title-16-CONSERVATION · 421 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines "improved property" as a single-family home built before a date set by which map covers it, plus land the Secretary designates (up to three acres) as needed for the home's use. It also defines "appropriate map" using a table of specific maps and construction-start dates.

This section defines two terms used throughout this subchapter. "Improved property" means a detached, one-family home that meets three tests: (1) construction began before the cutoff date tied to the map covering that property; (2) the property sits within the boundaries shown on the map for that date; and (3) the property is not also inside the boundaries of any other, earlier-dated map in the table. "Appropriate map" means one of five specific maps, each paired with a construction cutoff date: the map dated October 1992 (No. 626–80,039–C) pairs with construction begun before October 1, 1991; the map dated October 1986 (No. 626–80,033–B) pairs with February 1, 1986; the map dated December 1980 (No. 626–91014) pairs with January 1, 1981; the map dated September 1976 (No. 626–91007) pairs with February 1, 1973; and the map dated September 1966 (No. LNPNE–1008–ID) pairs with January 4, 1965. "Improved property" also includes the land the dwelling sits on, if that land is owned by the same person as the dwelling and the Secretary has designated it as reasonably needed for enjoying the home for private residential use — plus any structures on that land that go with the house. These maps are kept on file and open for public inspection at the National Park Service's Director's office. The Secretary decides how much land counts this way, never more than three acres, based on how the home and land have normally been used — except the Secretary may exclude any beach or water (and nearby land) needed for public access or public use. Every right to keep using or occupying such property is subject to whatever terms and conditions the Secretary sets to keep the use consistent with this subchapter's purposes.
the actual law source: uscode.house.gov ↗public domain

As used in this subchapter, the term “improved property” means a detached, one-family dwelling which meets each of the following criteria:

(1)

The construction of the dwelling began before the date (shown in the table contained in this section) corresponding to the appropriate map.

(2)

The property is located within the boundaries delineated on the map described in such table which corresponds to such date.

(3)

The property is not located within the boundaries of any other map referred to in such table which bears an earlier date.

The term “appropriate map”, means a map identified as “Boundary Map—Indiana Dunes National Lakeshore” (or “A Proposed Indiana Dunes National Lakeshore” in the case of a dwelling the construction of which was begun before January 4, 1965) which is dated and numbered as provided in the following table.

Property within boundaries of map

Construction   began before

 Dated October 1992, No. 626–80,039–C

October 1, 1991

 Dated October 1986, No. 626–80,033–B

February 1, 1986

 Dated December 1980, No. 626–91014

January 1, 1981

 Dated September 1976, No. 626–91007

February 1, 1973

 Dated September 1966, No. LNPNE–1008–ID

January 4, 1965

The term “improved property” also includes the lands on which the dwelling is situated which meets both of the following criteria:

(A)

The land is in the same ownership as the dwelling.

(B)

The Secretary has designated the lands as reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.

Such term also includes any structures accessory to the dwelling which are situated on the lands so designated. The maps referred to in this section shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior. The Secretary shall designate the land referred to in subparagraph (B). The amount of land so designated shall in every case be not more than three acres in area, and in making such designation the Secretary shall take into account the manner of noncommercial residential use in which the dwelling and land have customarily been enjoyed: Provided, That the Secretary may exclude from the land so designated any beach or waters, together with so much of the land adjoining such beach or waters, as he may deem necessary for public access thereto or public use thereof. All rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of such property in accordance with the purposes of this subchapter.

Source credit: (Pub. L. 89–761, § 4, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94–549, § 1(3), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 96–612, § 1(5), Dec. 28, 1980, 94 Stat. 3575; Pub. L. 99–583, § 1(b), Oct. 29, 1986, 100 Stat. 3318; Pub. L. 102–430, § 4(a), Oct. 23, 1992, 106 Stat. 2208.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-761 · 80 Stat. 1309
  • 1976Amended · Pub. L. 94-549 · 90 Stat. 2529
  • 1980Amended · Pub. L. 96-612 · 94 Stat. 3575
  • 1986Amended · Pub. L. 99-583 · 100 Stat. 3318
  • 1992Amended · Pub. L. 102-430 · 106 Stat. 2208

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-761 on 1966-11-05.

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