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16 U.S.C. § 90b–2Owner’s retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right

submitted 58 years ago by Pub. L. 90-544 to r/title-16-CONSERVATION · 201 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owners of land the Secretary buys can keep using it, for life or up to 25 years. This right can be sold or transferred to someone else while it lasts. The Secretary can end it early if the land's use changes, paying for the unexpired right.

Any owner whose property the Secretary acquires may keep a right to use and occupy it, if on the date of acquisition the property was used for farming, single-family homes, or for a commercial purpose the Secretary finds compatible with developing the park or recreation areas. As a condition of the sale, the owner can keep using the property for the same purpose it was used for on that date, either until the death of the owner or the owner's spouse — whichever is later — or for a fixed term of up to twenty-five years, whichever the owner chooses. This retained right can be transferred or assigned to someone else while it lasts. The Secretary can end the right at any time after finding that the property is being used for something other than what it was used for on the acquisition date. If the Secretary ends the right early, the Secretary must pay the owner the fair market value of whatever part of the right remained unexpired on the date it ended.
the actual law source: uscode.house.gov ↗public domain

Any owner of property acquired by the Secretary which on the date of acquisition is used for agricultural or single-family residential purposes, or for commercial purposes which he finds are compatible with the use and development of the park or the recreation areas, may, as a condition of such acquisition, retain the right of use and occupancy of the property for the same purposes for which it was used on such date, for a period ending at the death of the owner or the death of his spouse, whichever occurs later, or for a fixed term of not to exceed twenty-five years, whichever the owner may elect. Any right so retained may during its existence be transferred or assigned. Any right so retained may be terminated by the Secretary at any time after the date upon which any use of the property occurs which he finds is a use other than one which existed on the date of acquisition. In the event the Secretary terminates a right of use and occupancy under this section, he shall pay to the owner of the right the fair market value of the portion of said right which remains unexpired on the date of termination.

Source credit: (Pub. L. 90–544, title III, § 303, Oct. 2, 1968, 82 Stat. 928.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-544 · 82 Stat. 928

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-544 on 1968-10-02.

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