
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC79d]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
                  SUBCHAPTER VII--REDWOOD NATIONAL PARK
 
Sec. 79d. Acquisition of lands


(a) Owner's retention of right of use and occupancy for noncommercial 
        residential purposes for fixed term of years or for life; 
        election of term; fair market value; termination of use and 
        occupancy inconsistent with stated purpose and upon payment of 
        sum for unexpired right

    The owner of improved property on the date of its acquisition by the 
Secretary under this subchapter 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 the 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 minus 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 purpose of this subchapter, 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) ``Improved property'' defined

    The term ``improved property'', as used in this section, means a 
detached, noncommercial residential dwelling, the construction of which 
was begun before October 9, 1967, together with so much of the land on 
which the dwelling is situated, the said land being in the same 
ownership as the dwelling, as the Secretary shall designate to be 
reasonably necessary for the enjoyment of the dwelling for the sole 
purpose of noncommercial residential use, together with any structures 
accessory to the dwelling which are situated on the land so designated.

(c) Sale or lease of certain realty to former owner; conditions and 
        restrictions

    The Secretary shall have, with respect to any real property acquired 
by him in sections 5 and 8, township 13 north, range 1 east, Humboldt 
meridian, authority to sell or lease the same to the former owner under 
such conditions and restrictions as will assure that it is not utilized 
in a manner or for purposes inconsistent with the national park.

(Pub. L. 90-545, Sec. 4, Oct. 2, 1968, 82 Stat. 933.)
