§ 460z-6. — Land acquisition in recreation area; donation and exchange; railway rightofway; 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: 16USC460z-6]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIV--OREGON DUNES NATIONAL RECREATION AREA
Sec. 460z-6. Land acquisition in recreation area; donation and
exchange; railway right-of-way; retention rights of owners of
improved property
(a) Land acquisition
Within the boundaries of the recreation area lands, waters, and
interests therein owned by or under the control of the State of Oregon
or any political subdivision thereof may be acquired only by donation or
exchange.
(b) Railway right-of-way
No part of the Southern Pacific Railway right-of-way within the
boundaries of the recreation area may be acquired without the consent of
the railway, so long as it is used for railway purposes: Provided, That
the Secretary may condemn such easements across said right-of-way as he
deems necessary for ingress and egress.
(c) Retention rights of owners of improved property
Any person owning an improved property, as hereafter defined, within
the recreation area may reserve for himself and his assigns, as a
condition of the acquisition of such property, a right of use and
occupancy of the residence and not in excess of three acres of land on
which such residence is situated. Such reservation shall be for a term
ending at the death of the owner, or the death of his spouse, whichever
occurs later, or, in lieu thereof, for a definite term not to exceed
twenty-five years: Provided, That the Secretary may exclude from such
reserved property any lands or waters which he deems necessary for
public use, access, or development. The owner shall elect, at the time
of conveyance, the term of the right to be reserved. Where any such
owner retains a right of use and occupancy as herein provided, such
right may during its existence be conveyed or leased in whole, but not
in part, for noncommercial residential purposes. 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. At any time subsequent to the acquisition of such
property the Secretary may, with the consent of the owner of the
retained right of use and occupancy, acquire such right, in which event
he shall pay to such owner the fair market value of the remaining
portion of such right.
(d) ``Improved property'' defined
The term ``improved property'' wherever used in this subchapter
shall mean a detached one-family dwelling the construction of which was
begun before December 31, 1970, together with any structures accessory
to it and the land on which the dwelling is situated, the said land
being in the same ownership as the dwelling, as the Secretary finds
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use.
(Pub. L. 92-260, Sec. 8, Mar. 23, 1972, 86 Stat. 100.)
