§ 460w-3. — Retention rights of owners 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: 16USC460w-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI--APOSTLE ISLANDS NATIONAL LAKESHORE
Sec. 460w-3. Retention rights of owners of improved property
(a) Designation of lands as administrative site, visitor center, and
related facilities; election by owners of term of rights
retained; adjustment of compensation
With the exception of not more than eighty acres of land to be
designated within the lakeshore boundaries by the Secretary as an
administrative site, visitor center, and related facilities, as soon as
practicable, 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. 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 right of Secretary upon determination that retained
property or any portion thereof has ceased to be used for
noncommercial residential or agricultural purposes; adjustment
of compensation
A right of use and occupancy retained pursuant to this section may
be terminated with respect to the entire property by the Secretary upon
his determination that the property or any portion thereof has ceased to
be used for noncommercial residential or for agricultural purposes, and
upon tender to the holder of a right an amount equal to the fair market
value, as of the date of the tender, 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, 1967, or before January 1, 1985 for
those lands referred to in section 460w(b) of this title (hereinafter
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 accessory to
the dwelling which are situated on the land so designated.
(Pub. L. 91-424, Sec. 4, Sept. 26, 1970, 84 Stat. 880; Pub. L. 99-497,
Sec. 1(3), Oct. 17, 1986, 100 Stat. 1267.)
Amendments
1986--Subsec. (c). Pub. L. 99-497 inserted ``, or before January 1,
1985 for those lands referred to in section 460w(b) of this title''.
