§ 79d. — Acquisition of 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: 16USC79d]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII--REDWOOD NATIONAL PARK
Sec. 79d. Acquisition of lands
(a) Owner's retention of right of use and occupancy for noncommercial
residential purposes for fixed term of years or for life;
election of term; fair market value; termination of use and
occupancy inconsistent with stated purpose and upon payment of
sum for unexpired right
The owner of improved property on the date of its acquisition by the
Secretary under this subchapter 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 the 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 minus 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 purpose of this subchapter, 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
The term ``improved property'', as used in this section, means a
detached, noncommercial residential dwelling, the construction of which
was begun before October 9, 1967, together with so much of the land on
which the dwelling is situated, the said 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 land so designated.
(c) Sale or lease of certain realty to former owner; conditions and
restrictions
The Secretary shall have, with respect to any real property acquired
by him in sections 5 and 8, township 13 north, range 1 east, Humboldt
meridian, authority to sell or lease the same to the former owner under
such conditions and restrictions as will assure that it is not utilized
in a manner or for purposes inconsistent with the national park.
(Pub. L. 90-545, Sec. 4, Oct. 2, 1968, 82 Stat. 933.)
