§ 698b. Right of use and occupancy of improved property on Big Thicket Preserve

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–439 § 3 · 88 Stat. 1254

   Enacted · 16 U.S.C. § 698b

   Pub. L. 93–439, § 3, Oct. 11, 1974, 88 Stat. 1256

   Source evidence

   Code source credit
   Pub. L. 93–439, § 3, Oct. 11, 1974, 88 Stat. 1256

   Enacted provision · exact public law section
   Sec. 3. (a) The owner of an improved property on the date of its Property owners, retention rights. 16 USC 698b. 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 this Act, 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) As used in this Act, the term “improved property” means a “Improved property.” detached, one-family dwelling, 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) Whenever an owner of property elects to retain a right of use Waiver. and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes 42 USC 4623–4626. 42 USC 4601. of such sections such owner shall not be considered a displaced person as defined in section 101 (6) of such Act.

2. 1976

   Pub. L. 94–578 title III § 322 · 90 Stat. 2732

   Substituted · 16 U.S.C. § 698b(b)

   Pub. L. 94–578 substituted “detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and” for “detached, one-family dwelling,”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–578 substituted “detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and” for “detached, one-family dwelling,”.

   Enacted provision · exact public law section
   Sec. 322. Section 3(b) of the Act of October 11, 1974 (88 Stat. 1254; 16 U.S.C. 698 (b)), is amended by deleting “detached, one-family dwelling,” and inserting in lieu thereof “detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and”.

2 of 2 references resolved to an enrolled provision