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U.S. Code, Title 16, Conservation
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 460z–6. Land Acquisition in Recreation Area; Donation and Exchange; Railway Right-Of-Way; Retention Rights of Owners of Improved Property
(a) Land acquisition
Within the boundaries of the recreation area lands, waters, and interests therein owned by or under the control of the State of Oregon or any political subdivision thereof may be acquired only by donation or exchange.
(b) Railway right-of-way
No part of the Southern Pacific Railway right-of-way within the boundaries of the recreation area may be acquired without the consent of the railway, so long as it is used for railway purposes: Provided, That the Secretary may condemn such easements across said right-of-way as he deems necessary for ingress and egress.
(c) Retention rights of owners of improved property
Any person owning an improved property, as hereafter defined, within the recreation area may reserve for himself and his assigns, as a condition of the acquisition of such property, a right of use and occupancy of the residence and not in excess of three acres of land on which such residence is situated. Such reservation shall be for a term ending at the death of the owner, or the death of his spouse, whichever occurs later, or, in lieu thereof, for a definite term not to exceed twenty-five years: Provided, That the Secretary may exclude from such reserved property any lands or waters which he deems necessary for public use, access, or development. The owner shall elect, at the time of conveyance, the term of the right to be reserved. Where any such owner retains a right of use and occupancy as herein provided, such right may during its existence be conveyed or leased in whole, but not in part, for noncommercial residential purposes. 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. At any time subsequent to the acquisition of such property the Secretary may, with the consent of the owner of the retained right of use and occupancy, acquire such right, in which event he shall pay to such owner the fair market value of the remaining portion of such right.
(d) "Improved property" defined
The term "improved property" wherever used in this subchapter shall mean a detached one-family dwelling the construction of which was begun before December 31, 1970, together with any structures accessory to it and the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary finds necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.
(Pub. L. 92–260, § 8, Mar. 23, 1972, 86 Stat. 100.)
Contents:
Chicago:
"U.S. Congress, Office of the Law Revision Counsel", "§ 460z– 6. Land Acquisition in Recreation Area; Donation and Exchange; Railway Right-Of-Way; Retention Rights of Owners of Improved Property," U.S. Code, Title 16, Conservation in U.S. Code, Title 16, Conservation (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed July 11, 2025, http://www.originalsources.com/Document.aspx?DocID=GZ71EEKF9WIT2AN.
MLA:
"U.S. Congress, Office of the Law Revision Counsel". "§ 460z– 6. Land Acquisition in Recreation Area; Donation and Exchange; Railway Right-Of-Way; Retention Rights of Owners of Improved Property." U.S. Code, Title 16, Conservation, in U.S. Code, Title 16, Conservation, Washington, D.C., Government Printing Office, 2002, Original Sources. 11 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=GZ71EEKF9WIT2AN.
Harvard:
"U.S. Congress, Office of the Law Revision Counsel", '§ 460z– 6. Land Acquisition in Recreation Area; Donation and Exchange; Railway Right-Of-Way; Retention Rights of Owners of Improved Property' in U.S. Code, Title 16, Conservation. cited in 2002, U.S. Code, Title 16, Conservation, Government Printing Office, Washington, D.C.. Original Sources, retrieved 11 July 2025, from http://www.originalsources.com/Document.aspx?DocID=GZ71EEKF9WIT2AN.
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