16 U.S.C. § 79d — Acquisition of lands

submitted 58 years ago by Pub. L. 90-545 to r/title-16-CONSERVATION · 418 words · no verdicts yet

in plain englishAI-generated · not legal advice

An owner whose improved home the Secretary buys can keep the right to live there for up to 25 years, or for life, instead of moving out right away. The Secretary pays the home's value minus the value of that kept right, and can cancel it if it's misused. The Secretary can also sell or lease back certain specific parcels to their former owners under conditions that protect the park.

(a) If the Secretary buys someone's "improved property," the owner can choose, as part of the deal, to keep the right to live there for a set number of years (up to 25) or, instead, until the owner or the owner's spouse dies, whichever happens later — the owner picks which option. Unless the owner donates the property, the Secretary must pay the owner the property's fair market value on the day it's acquired, minus the fair market value of the right the owner is keeping. The Secretary can cancel this kept right if the Secretary decides it's being used in a way that doesn't fit the purpose of protecting the park. When that happens, the right ends automatically once the Secretary notifies the owner and pays the owner the fair market value of whatever time was left on the right. (b) "Improved property" means a stand-alone home (not used for business), built starting before October 9, 1967, together with as much of the land under the same ownership as the Secretary decides is reasonably needed just for living in the home, plus any other structures on that land that go with the home. (c) For certain specific parcels of land (in sections 5 and 8, township 13 north, range 1 east, Humboldt meridian), the Secretary can sell or lease the land back to its former owner, as long as conditions and restrictions make sure it isn't used in a way that conflicts with the national park.

the actual law source: uscode.house.gov ↗public domain

(a) Owner’s retention of right of use and occupancy for noncommercial residential purposes for fixed term of years or for life; election of term; fair market value; termination of use and occupancy inconsistent with stated purpose and upon payment of sum for unexpired right

The owner of improved property on the date of its acquisition by the Secretary under this subchapter 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 the 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 minus 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 purpose of this subchapter, 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.

(b) “Improved property” defined

The term “improved property”, as used in this section, means a detached, noncommercial residential dwelling, the construction of which was begun before October 9, 1967, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

The Secretary shall have, with respect to any real property acquired by him in sections 5 and 8, township 13 north, range 1 east, Humboldt meridian, authority to sell or lease the same to the former owner under such conditions and restrictions as will assure that it is not utilized in a manner or for purposes inconsistent with the national park.

Source credit: (Pub. L. 90–545, § 4, Oct. 2, 1968, 82 Stat. 933.)

history & why it existsrecord from the source credit

1968Enacted · Pub. L. 90-545 · 82 Stat. 933

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-545 on 1968-10-02.

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