---
kind: "section"
citation: "16 U.S.C. § 425m"
title: "16"
title_heading: "Conservation"
number: "425m"
heading: "Retained rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/425m"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LX — National Military Parks"
---

# §425m. Retained rights

- (a) **Retention of use and occupancy—** With the exception of property which the [Secretary](/usc/16/410r–5.md?p=c-1) determines is necessary for development or public use, the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) acquired pursuant to sections [425k](/usc/16/425k.md) to [425o](/usc/16/425o.md) of this title may retain a right of use and occupancy of such [improved property](/usc/16/251h.md?p=2) for noncommercial residential purposes for a definite term of not more than twenty-five years, or for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the [owner](/usc/16/429b–3.md?p=4)’s spouse. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved, except that if the [owner](/usc/16/429b–3.md?p=4) is a corporation, [trust](/usc/16/450ss–1.md?p=4), partnership, or any entity other than an individual, the term shall not exceed twenty-five years. Ownership shall be determined as of June 1, 1989. Unless the property is wholly or partially donated, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the fair market value of the property on the date of such [acquisition](/usc/16/620e.md?p=1), less the fair market value of the right retained by the [owner](/usc/16/429b–3.md?p=4).
- (b) **Terms and conditions—** Any rights retained pursuant to this section shall be subject to such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) may prescribe and may be terminated by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination and after reasonable notice to the [owner](/usc/16/429b–3.md?p=4) thereof that such property is being used for any purpose which is incompatible with the administration, protection, or public use of the [park](/usc/16/410r–5.md?p=c-3). Such right shall terminate by operation of law upon notification of the [owner](/usc/16/429b–3.md?p=4) by the [Secretary](/usc/16/410r–5.md?p=c-1) and tendering to the [owner](/usc/16/429b–3.md?p=4) an amount equal to the fair market value of that portion of the right which remains unexpired.
- (c) **“Improved property” defined—** As used in this section, the term “[improved property](/usc/16/251h.md?p=2)” means a year-round noncommercial single-family dwelling together with such land, in the same ownership as the dwelling, as the [Secretary](/usc/16/410r–5.md?p=c-1) determines is reasonably necessary for the enjoyment of the dwelling for single-family residential use.

## Source credit

(Pub. L. 101–214, § 4, Dec. 11, 1989, 103 Stat. 1850.)