§ 460x-10. — 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: 16USC460x-10]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
Sec. 460x-10. Improved property
(a) General definition
As used in this subchapter, the term ``improved property'' means a
detached, one-family dwelling, construction of which--
(1) was begun before December 31, 1964, or
(2) for the purposes of section 460x-9(b) or (d) of this title,
was begun on or after December 31, 1964, and before October 21,
1970, and has been openly and continuously used, at least during the
summer months of each year when similar dwellings in the area are
used, as a residential dwelling since such construction was
completed, and with respect to the portion of such period after any
acquisition of such property by the United States, by the owner, or
a member of the immediate family of the owner, of such dwelling on
the date of such acquisition,
together with so much of the land on which the dwelling is situated,
such 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
lands so designated. The amount of land so designated shall in every
case be at least three acres in area, or all of such lesser acreage as
may be held in the same ownership as the dwelling, and in making such
designation the Secretary shall take into account the manner of
noncommercial residential use in which the dwelling and land have
customarily been enjoyed.
(b) Authorization to exclude beach lands
The Secretary may exclude from the land designated under subsection
(a) of this section any beach or waters on Lake Michigan, together with
so much of the land adjoining any such beach or waters as the Secretary
may deem necessary for public access thereto. If the Secretary makes
such exclusion, an appropriate buffer zone shall be provided between any
residence and the public access or beach.
(c) Authorization to exclude recently improved property; termination,
compensation, and notice
(1) The Secretary may exclude from the category of ``improved
property'' under this subchapter any property described in subsection
(a)(2) of this section which the Secretary determines is in an area
required for public use or development in the immediate future. In
making any such determination the Secretary shall take into account the
proximity of such property to any other improved property, the
development or public use of the lakeshore and the related timetable
therefor, and the anticipated availability in the immediate future of
funds related to such development or public use.
(2)(A) With respect to any improved property, as defined in
subsection (a)(2) of this section, with respect to which the occupier
has retained a right of use and occupancy under section 460x-9(b) of
this title, the Secretary may terminate such right 90 days after
notifying in writing the occupier, if the Secretary determines that such
improved property is needed for public use or development under this
subchapter. In making any such determination the Secretary shall take
into account the proximity of such property to any other improved
property, the development or public use requirements of the lakeshore
and related timetable therefor, and the current availability of funds
for the proposed public use or development.
(B) The Secretary 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.
(3)(A) The Secretary must, within 60 days after October 22, 1982,
notify in writing any owner or occupier of property described in
subsection (a)(2) of this section that an option to retain rights with
respect to such property exists under section 460x-9(b) of this title,
whether such property shall be subject to any action by the Secretary
under paragraph (1) of this subsection, the nature of such proposed
action, the reasons for such proposed action, and the contemplated
timetable therefor.
(B) With respect to any proposed action to be taken under paragraph
(2) of this subsection, if the Secretary determines within 60 days after
October 22, 1982, after taking into account timetable and funding
projections, that, consistent with the General Management Plan dated
October 1979, public use or development is anticipated before 1998 for
an area containing any improved property described in subsection (a)(2)
of this section, the Secretary shall include notice of such
determination in any notification under subparagraph (A) of this
paragraph. Any failure of the Secretary to so notify an occupier
pursuant to this subparagraph shall not preclude the Secretary from
taking action under paragraph (2) at some future date.
(Pub. L. 91-479, Sec. 11, Oct. 21, 1970, 84 Stat. 1080; Pub. L. 97-361,
Sec. 2, Oct. 22, 1982, 96 Stat. 1721.)
Amendments
1982--Pub. L. 97-361 designated existing provisions up to the
proviso as subsec. (a), added cl. (2), designated existing proviso as
subsec. (b), and added subsec. (c).
Section Referred to in Other Sections
This section is referred to in section 460x-9 of this title.
