§ 160c. — Acquisition of improved property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC160c]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX--VOYAGEURS NATIONAL PARK
Sec. 160c. Acquisition of improved property
(a) Owner's reservation of right of use and occupancy for residential
purposes for life or fixed term of years; election of term; fair
market value
Any owner or owners (hereinafter referred to as ``owner'') of
improved property on the date of its acquisition by the Secretary may,
if the Secretary determines that such improved property is not, at the
time of its acquisition, required for the proper administration of the
park, as a condition of such acquisition, retain for themselves and
their successors or assigns a right of use and occupancy of the improved
property for noncommercial residential purposes for a definite term not
to exceed 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 retained. The Secretary shall pay
to the owner the fair market value of the property on the date of such
acquisition less the fair market value on such date of the right
retained by the owner.
(b) Use and occupancy by lessee of lands donated by State of Minnesota
within boundaries of park; term of use and occupancy
If the State of Minnesota donates to the United States any lands
within the boundaries of the park subject to an outstanding lease on
which the lessee began construction of a noncommercial or recreational
residential dwelling prior to January 1, 1969, the Secretary may grant
to such lessee a right of use and occupancy for such period of time as
the Secretary, in his discretion, shall determine: Provided, That no
such right of use and occupancy shall be granted, extended, or continue
after ten years from the date of the establishment of the park.
(c) Termination of use and occupancy; tender by Secretary of fair market
value of unexpired right
Any right of use and occupancy retained or granted pursuant to this
section shall be subject to termination by the Secretary upon his
determination that such use and occupancy is being exercised in a manner
not consistent with the purposes of this subchapter or upon his
determination that the property is required for the proper
administration of the park. The Secretary shall tender to the holder of
the right so terminated an amount equal to the fair market value of that
portion of the right which remains unexpired on the date of termination.
(d) ``Improved property'' defined
The term ``improved property'', as used in this section, shall mean
a detached, noncommercial residential dwelling, the construction of
which was begun before January 1, 1969, 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.
(Pub. L. 91-661, Sec. 202, Jan. 8, 1971, 84 Stat. 1971.)
