§ 698b. — Right of use and occupancy of improved property on Big Thicket Preserve.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698b]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698b. Right of use and occupancy of improved property on
Big Thicket Preserve
(a) Election of right of use and occupancy; payment of fair market
value; termination of right
The owner of an improved property on the date of its acquisition by
the Secretary may, as a condition of such acquisition, retain for
himself and his heirs and assigns a right of use and occupancy of the
improved property for noncommercial residential purposes for a definite
term of not more than 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 later. The owner shall elect the term to be reserved. Unless this
property is wholly or partially donated to the United States, the
Secretary shall pay the owner the fair market value of the property on
the date of acquisition less the fair market value, on that date, of the
right retained by the owner. A right retained pursuant to this section
shall be subject to termination by the Secretary upon his determination
that it is being exercised in a manner inconsistent with the purposes of
sections 698 to 698e of this title, and it shall terminate by operation
of law upon the Secretary's notifying the holder of the right of such
determination and tendering to him an amount equal to the fair market
value of that portion of the right which remains unexpired.
(b) ``Improved property'' defined
As used in sections 698 to 698e of this title, the term ``improved
property'' means a detached year-round one-family dwelling which serves
as the owner's permanent place of abode at the time of acquisition, and
construction of which was begun before July 1, 1973, which is used for
noncommercial residential purposes, together with not to exceed three
acres of land on which the dwelling is situated and together with such
additional lands or interests therein as the Secretary deems to be
reasonably necessary for access thereto, such lands being in the same
ownership as the dwelling, together with any structures accessory to the
dwelling which are situated on such land.
(c) Waiver of right to relocation assistance by election of right of use
and occupancy
Whenever an owner of property elects to retain a right of use and
occupancy as provided in this section, such owner shall be deemed to
have waived any benefits or rights accruing under sections 4623, 4624,
4625, and 4626 of title 42, and for the purposes of such sections such
owner shall not be considered a displaced person as defined in section
4601(6) of title 42.
(Pub. L. 93-439, Sec. 3, Oct. 11, 1974, 88 Stat. 1256; Pub. L. 94-578,
title III, Sec. 322, Oct. 21, 1976, 90 Stat. 2742.)
Amendments
1976--Subsec. (b). Pub. L. 94-578 substituted ``detached year-round
one-family dwelling which serves as the owner's permanent place of abode
at the time of acquisition, and'' for ``detached, one-family
dwelling,''.
Section Referred to in Other Sections
This section is referred to in sections 698, 698a, 698c, 698e of
this title.
