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2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 230b Owners retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; “improved property” defined us united_states_code code_section 16 CONSERVATION 1 NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES 230b 16 U.S.C. § 230b current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s230b data/legal/raw/us/code/title-16/usc16.xml f6633001683c701750da86ffab2a8b13675963b7e66ab197f9f989a76c03d7bb 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 fa3c0271a0d52fbc44ee99bfe5c1e32af471b5ba273efd8557c393d5ffe669e1 2026-07-04 official
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16 U.S.C. § 230b - Owners retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; “improved property” defined

Text

Within the Barataria Preserve Unit, the owner or owners of improved property used for noncommercial residential purposes on a year-round basis may, as a condition of the acquisition of such property by the Secretary, elect to retain a right of use and occupancy of such property for noncommercial residential purposes if, in the judgment of the Secretary, the continued use of such property for a limited period would not unduly interfere with the development or management of the park. Such right of use and occupancy may be either a period ending on the death of the owner or his spouse, whichever occurs last, or a term of not more than twenty-five years, at the election of the owner. Unless the property is donated, the Secretary shall pay to the owner the fair market value of the property less the fair market value of the right retained by the owner. Such right may be transferred or assigned and may be terminated by the Secretary, if he finds that the property is not used for noncommercial residential purposes, upon tender to the holder of the right an amount equal to the fair market value of the unexpired term. As used in this section, the term “improved property” means a single-family, year-round dwelling, the construction of which was begun before January 1, 1977 (or January 1, 2007, for areas added to the park after that date), which serves as the owners permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located which the Secretary finds is reasonably necessary for the owners continued use and occupancy of the dwelling.

(Pub. L. 95625, title IX, § 903, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 11111, title VII, § 7105(c), (f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.)

Notes

Editorial Notes

Amendments2009—Pub. L. 11111 substituted “Barataria Preserve Unit” for “Barataria Marsh Unit” in first sentence and inserted “(or January 1, 2007, for areas added to the park after that date)” after “January 1, 1977” in fifth sentence.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95625, set out as a note under section 45f of this title.