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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 251h Property retention rights; compensation at fair market value; “improved property” defined us united_states_code code_section 16 CONSERVATION 1 NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES 251h 16 U.S.C. § 251h 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/s251h data/legal/raw/us/code/title-16/usc16.xml 9b57a0dcaeff42babf81506aeb316b2118bece1423f194085827e765e61dd265 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 28418450a1e8748d50dc1a99f9f22cec63fc95fd9409ff37b37e0f261f70e716 2026-07-04 official
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16 U.S.C. § 251h - Property retention rights; compensation at fair market value; “improved property” defined

Text

(1) Any owner or owners of improved property within the boundaries of the park, as revised by and pursuant to sections 251e to 251m of this title may, on the date of its acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for such noncommercial residential purposes as existed on or before January 1, 1976, for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner.

(2) As used in sections 251e to 251m of this title, the term “improved property” shall mean any single-family dwelling on which construction was begun before January 1, 1976, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, as the Secretary shall designate. The amount of the land so designated shall in every case be not more than three acres in area: Provided, That the Secretary may exclude from the land so designated any beach or water, together with so much of the land adjoining any such beach or water, as he may deem necessary for public access thereto.

(Pub. L. 94578, title III, § 320(e), Oct. 21, 1976, 90 Stat. 2740.)

Notes

Editorial Notes

References in TextSections 251e to 251m of this title, referred to in text, was in the original “this Act” and “this title”, meaning Pub. L. 94578 and title III of Pub. L. 94578, respectively.