§ 459j-2. — 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: 16USC459j-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459j-2. Improved property
(a) Owner's reservation of right of use and occupancy for residential
purposes for life or fixed term of years; exception of property
for visitor facilities, access to, or administration of
seashore; compensation
Except for property deemed necessary by the Secretary for visitor
facilities, or for access to or administration of the seashore, any
owner or owners of improved property on the date of its acquisition by
the Secretary may, 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 the 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 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) Termination of use and occupancy upon inconsistent use; tender of
compensation
The Secretary may terminate a right of use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of sections 459j to 459j-8 of this title, and upon tender to
the holder of the right of an amount equal to the fair market value of
that portion of the right which remains unexpired on the date of
termination.
(c) ``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, 1971 (hereafter referred to as
``dwelling''), 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, necessary to the dwelling
which are situated on the land so designated.
(d) Condemnation as means for acquiring clear and marketable title
Except as otherwise provided, the Secretary shall have the authority
to use condemnation as a means of acquiring a clear and marketable
title, free of any and all encumbrances.
(Pub. L. 93-626, Sec. 3, Jan. 3, 1975, 88 Stat. 2123.)
Section Referred to in Other Sections
This section is referred to in sections 459j-1, 459j-4, 459j-5,
459j-6, 459j-8 of this title.
