§ 251h. — Property retention rights; compensation at fair market value; "improved property" defined.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC251h]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII--OLYMPIC NATIONAL PARK
Sec. 251h. Property retention rights; compensation at fair
market value; ``improved property'' defined
(1) Any owner or owners of improved property within the boundaries
of the park, as revised by and pursuant to sections 251e to 251m of this
title may, on the date of its acquisition, retain for themselves and
their successors or assigns a right of use and occupancy of the property
for such noncommercial residential purposes as existed on or before
January 1, 1976, for twenty-five years, or, in lieu thereof, for a term
ending at the death of the owner or his spouse, whichever is later. 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.
(2) As used in sections 251e to 251m of this title, the term
``improved property'' shall mean any single-family dwelling on which
construction was begun before January 1, 1976, together with so much of
the land on which the dwelling is situated (such land being in the same
ownership as the dwelling) as shall be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, as the Secretary shall designate. The amount of the
land so designated shall in every case be not more than three acres in
area: Provided, That the Secretary may exclude from the land so
designated any beach or water, together with so much of the land
adjoining any such beach or water, as he may deem necessary for public
access thereto.
(Pub. L. 94-578, title III, Sec. 320(e), Oct. 21, 1976, 90 Stat. 2740.)
References in Text
Sections 251e to 251m of this title, referred to in text, was in the
original ``this Act'' and ``this title'', meaning Pub. L. 94-578 and
title III of Pub. L. 94-578, respectively.
Section Referred to in Other Sections
This section is referred to in sections 251f, 251g, 251i, 251l, 251m
of this title.
