§ 460x-9. — Right of retention of residential use in improved lands.
[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-9]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
Sec. 460x-9. Right of retention of residential use in improved
lands
(a) Limited term; conforming use; payment for right; sale or lease of
right
Any owner or owners of improved property situated within the area
designated for inclusion in the lakeshore on the date of its acquisition
by the Secretary may, as a condition of 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) Option to retain use of land; notice to Secretary; payment
Any person who is--
(1) an owner of improved property described in section 460x-
10(a)(2) of this title which is situated within the area designated
for inclusion in the lakeshore on the date of its acquisition by the
Secretary; or
(2) an occupier of improved property described in section 460x-
10(a)(2) of this title which is situated within the area designated
for inclusion in the lakeshore on the date of its acquisition by the
Secretary, in situations where the fee ownership of such improved
property has been heretofore acquired by the United States (whether
by donation, purchase, condemnation, exchange or otherwise);
may retain, for a term not to exceed twenty-five years from January 1,
1973, or for a term ending on the death of such owner or occupier, the
right of use or 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. Such owner or occupier must notify the Secretary of any
intention to exercise such option within 60 days after receipt of the
notice referred to in section 460x-10(c)(3) of this title. In situations
where the United States has not heretofore acquired fee title to the
improved property, 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. In situations where the United States
has heretofore acquired fee title to the improved property, the occupier
may notify the Secretary that such occupier elects to retain continued
use and occupancy of such property pursuant to this section, in which
event the occupier shall pay to the Secretary the value of the
additional right retained, which value shall be based upon the value of
the property at the time of its acquisition by the Secretary.
(c) Limitation on use in instrument evidencing right; Secretary's power
of termination of right
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, and any instrument evidencing any right of use and
occupancy retained by any occupier 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 such area, and if it should be so used,
that the Secretary many \1\ 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.
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\1\ So in original. Probably should be ``may''.
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(d) Transfer of right to member of immediate family; owner option to
terminate; payment by Secretary; ``member of the immediate
family'' defined
(1) Any owner or occupier of improved property who retains a right
of use and occupancy under subsection (b) of this section may convey or
lease such right during its existence to a member of such owner or
occupier's immediate family for noncommercial residential purposes which
are not incompatible with the purposes of this subchapter and which do
not impair the usefulness and attractiveness of the area designated for
inclusion.
(2) Any owner or occupier of improved property who has retained a
right of use and occupancy under subsection (b) of this section may
terminate such right at any time, and the Secretary shall pay, within
120 days after the date of such termination, 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) As used in this subchapter, the term ``member of the immediate
family'' means spouse, brother, sister, or child, including persons
bearing such relationships through adoption, and step-child.
(Pub. L. 91-479, Sec. 10, Oct. 21, 1970, 84 Stat. 1079; Pub. L. 97-361,
Sec. 1, Oct. 22, 1982, 96 Stat. 1720.)
Amendments
1982--Subsec. (b). Pub. L. 97-361 substituted provisions granting
owners and occupiers of improved lakeshore property described in section
460x-10 of this title the right of retention of a compatible residential
use for a limited term upon notification of the Secretary and payment
for the right retained for former provisions which were redesignated as
subsec. (c) and amended.
Subsec. (c). Pub. L. 97-361 redesignated subsec. (b) as (c), and
amended it to apply expressly to any instrument evidencing any right of
use and occupancy retained by any occupier under this section.
Subsec. (d). Pub. L. 97-361 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in sections 460x-6, 460x-10 of this
title.
