16 U.S.C. § 460x–10 — Improved property

(a) General definition: In this subchapter, "improved property" means a detached, one-family home. The home's construction must have either started before December 31, 1964, or — for the purposes of sections 460x–9(b) and (d) of this title — started on or after December 31, 1964 but before October 21, 1970. In that second case, the home must also have been used openly and continuously as a residence ever since construction finished, at least during the summer months each year when similar homes in the area are used. After the United States acquires the property, that continued use must be by the owner or a member of the owner's immediate family, as of the acquisition date. "Improved property" also includes enough of the surrounding land — as long as it's owned along with the home — as the Secretary decides is reasonably necessary to enjoy the home for noncommercial residential use, plus any accessory structures like garages or sheds on that land. This designated land must be at least three acres, or all of the smaller amount of land actually held with the home if there's less than three acres. In deciding how much land to include, the Secretary must consider how the home and land have customarily been used and enjoyed. (b) Authorization to exclude beach lands: The Secretary may leave out of this designated land any beach or waters on Lake Michigan, along with as much adjoining land as the Secretary thinks is needed for public access to that beach or water. If the Secretary does this, there must be an appropriate buffer zone between any home and the public access area or beach. (c) Authorization to exclude recently improved property; termination, compensation, and notice: (1) The Secretary may decide that a property described in subsection (a)(2) — a newer home — doesn't count as "improved property" at all, if the Secretary determines the area is needed soon for public use or development. In making that call, the Secretary must weigh how close the property is to other improved properties, the lakeshore's development timetable, and how soon funding is likely to be available. (2)(A) For a subsection (a)(2) property where the occupier kept a right to use and occupy it under section 460x–9(b) of this title, the Secretary may end that right 90 days after giving the occupier written notice, if the Secretary decides the property is needed for public use or development — again weighing proximity, timetable, and funding. (B) If the Secretary ends the right this way, the Secretary must pay the former holder an amount equal to the value of whatever time was left on the right. (3)(A) Within 60 days after October 22, 1982, the Secretary had to notify, in writing, any owner or occupier of a subsection (a)(2) property that an option to retain rights exists under section 460x–9(b) of this title. That notice also had to say whether the property might be subject to exclusion under paragraph (1), what kind of action was being considered, why, and on what timetable. (B) If, within that same 60-day period, the Secretary determined — based on timetables, funding, and the General Management Plan dated October 1979 — that public use or development was expected before 1998 for an area containing a subsection (a)(2) property, the Secretary had to include that determination in the notice required by subparagraph (A). But if the Secretary failed to give that particular notice, it didn't stop the Secretary from later taking action under paragraph (2) at some future date.