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LegalText 16 U.S.C. § 698b Right of use and occupancy of improved property on Big Thicket Preserve us united_states_code code_section 16 CONSERVATION 6 GAME AND BIRD PRESERVES; PROTECTION 698b 16 U.S.C. § 698b 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/s698b data/legal/raw/us/code/title-16/usc16.xml 9fe277ab7cef079a7cc8f2ab549423493a7a8f3ee0e4142074fa829badd63d46 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 bd7be6b3645245d4caab70cd709381d799a84e312a59d90b52383d9d3d7bccdc 2026-07-04 official
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16 U.S.C. § 698b - Right of use and occupancy of improved property on Big Thicket Preserve

Text

(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 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 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 698 to 698e of this title, and it shall terminate by operation of law upon the Secretarys 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 698 to 698e of this title, the term “improved property” means a detached year-round one-family dwelling which serves as the owners permanent place of abode at the time of acquisition, and construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.

(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. 93439, § 3, Oct. 11, 1974, 88 Stat. 1256; Pub. L. 94578, title III, § 322, Oct. 21, 1976, 90 Stat. 2742.)

Notes

Editorial Notes

Amendments1976—Subsec. (b). Pub. L. 94578 substituted “detached year-round one-family dwelling which serves as the owners permanent place of abode at the time of acquisition, and” for “detached, one-family dwelling,”.