§ 460s-10. — Acquisition of 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: 16USC460s-10]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXVII--PICTURED ROCKS NATIONAL LAKESHORE
Sec. 460s-10. Acquisition of property
(a) Owner's retention of right of use and occupancy for residential
purposes for term of years or life; adjustment of compensation;
conveyance or lease of right for noncommercial residential
purposes
Any owner or owners of improved property on the date of its
acquisition by the Secretary may, as a condition to such acquisition,
retain, for a term of not to exceed twenty-five years, or for a term
ending at the death of such owner or owners, the right of use and
occupancy of such property for any residential purpose which is not
incompatible with the purposes of this subchapter or which does not
impair the usefulness and attractiveness of the area designated for
inclusion. The Secretary shall pay to the owner the value of the
property on the date of such acquisition, less the value on such date of
the right retained by the owner. Where any such owner retains a right of
use and occupancy as herein provided, such right during its existence
may be conveyed or leased for noncommercial residential purposes in
accordance with the provisions of this section.
(b) Termination of use and occupancy because of noncompliance with
statutory uses; adjustment of compensation
Any deed or other instrument used to transfer title to property,
with respect to which a right of use and occupancy is retained under
this section, shall provide that such property shall not be used for any
purpose which is incompatible with purposes of this subchapter, or which
impairs the usefulness and attractiveness of the lakeshore and if it
should be so used, the Secretary shall have authority to terminate such
right. In the event the Secretary exercises his power of termination
under this subsection he shall pay to the owner of the right terminated
an amount equal to the value of that portion of such right which
remained unexpired on the date of such termination.
(c) Land subject to lease of cottage or hunting lodge; new lease for
term of years or life; conditions of lease
Any land acquired by the Secretary under this subchapter on which
there is situated a cottage or hunting lodge which, on December 31,
1964, was under lease to any lessee or lessees shall, if such lease is
in effect on the date such land is so acquired, be acquired by the
Secretary subject to such lease and the right of such lessee or lessees
to continue using the property covered by such lease in accordance with
the provisions thereof. Upon the expiration of such lease, the Secretary
shall have the authority to enter into a lease with such lessee or
lessees authorizing them to continue using such cottage or lodge (as the
case may be) for a term of not to exceed twenty-five years, or for a
term ending at the death of such lessee or lessees, subject to such
conditions as may be prescribed by the Secretary.
(Pub. L. 89-668, Sec. 11, Oct. 15, 1966, 80 Stat. 925.)
Section Referred to in Other Sections
This section is referred to in section 460s-6 of this title.
