§ 698h. — Right of use and occupancy of improved property on Big Cypress Preserve and Addition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698h]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698h. Right of use and occupancy of improved property on
Big Cypress Preserve and Addition
(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 of and occupancy of the
improved property 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 698f to 698m-4 of this title,
which shall include the exercise of such right in violation of any
applicable State or local laws and ordinances, 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 698f to 698m-4 of this title, the term
``improved property'' means:
(i) a detached one family dwelling, construction of which was
begun before November 23, 1971, with respect to the preserve and
January 1, 1986, with respect to the Addition which is used for
noncommercial residential purposes, together with not to exceed
three acres of land on which the dwelling is situated and such
additional lands as the Secretary deems reasonably necessary for
access thereto, such land being in the same ownership as the
dwelling, and together with any structures accessory to the dwelling
which are situated on such lands and
(ii) any other building, construction of which was begun before
November 23, 1971, with respect to the preserve and January 1, 1986,
with respect to the Addition which was constructed and is used in
accordance with all applicable State and local laws and ordinances,
together with as much of the land on which the building is situated,
such land being in the same ownership as the building, as the
Secretary shall designate to be reasonably necessary for the
continued enjoyment and use of the building in the same manner and
to the same extent as existed in November 23, 1971, or January 1,
1986, as the case may be, together with any structures accessory to
the building which are situated on the lands so designated. In
making such designation the Secretary shall take into account the
manner of use in which the building, accessory structures, and lands
were customarily enjoyed prior to November 23, 1971 or January 1,
1986, as the case may be.\1\
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\1\ See 1988 Amendment note below.
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(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. 93-440, Sec. 3, Oct. 11, 1974, 88 Stat. 1259; Pub. L. 100-301,
Sec. 4(f), Apr. 29, 1988, 102 Stat. 445.)
Amendments
1988--Subsec. (b)(i). Pub. L. 100-301, Sec. 4(f)(1), inserted ``with
respect to the preserve and January 1, 1986, with respect to the
Addition'' after ``November 23, 1971,''.
Subsec. (b)(ii). Pub. L. 100-301, Sec. 4(f)(2)(A), inserted ``with
respect to the preserve and January 1, 1986, with respect to the
Addition'' after ``November 23, 1971,''.
Pub. L. 100-301, Sec. 4(f)(2)(B), which directed insertion of ``or
January 1, 1986, as the case may be,'' after ``November 23, 1971,'' the
second and third places it appears, was executed by making the insertion
after ``November 23, 1971,'' the second place it appears and after
``November 23, 1971'' preceding the period as the probable intent of
Congress.
Section Referred to in Other Sections
This section is referred to in sections 698f, 698g, 698i, 698j, 698m
of this title.
