16 USC 460x-9 - Right of retention of residential use in improved lands

U.S Code last checked for updates: May 03, 2024

§ 460x–9.

Right of retention of residential use in improved lands

(a)

Limited term; conforming use; payment for right; sale or lease of right

(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

(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) 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) 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, § 10, Oct. 21, 1970, 84 Stat. 1079; Pub. L. 97–361, § 1, Oct. 22, 1982, 96 Stat. 1720.)

cite as: 16 USC 460x-9