---
kind: "section"
citation: "16 U.S.C. § 429b–2"
title: "16"
title_heading: "Conservation"
number: "429b–2"
heading: "Retention of right of use and occupation of improved property by owner"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/429b-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LX — National Military Parks"
---

# §429b–2. Retention of right of use and occupation of improved property by owner

- (a) **Time limits; compensation—** Subsequent to October 13, 1980, the [owner](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for himself and his heirs and assigns a right of use and occupancy of the [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 death of the spouse of the [owner](/usc/16/429b–3.md?p=4), whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay the [owner](/usc/16/429b–3.md?p=4) an amount equal to the fair market value of the property on the date of its [acquisition](/usc/16/620e.md?p=1) less the value on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4). If such property is donated (in whole or in part) to the United States, the [Secretary](/usc/16/410r–5.md?p=c-1) may pay to the [owner](/usc/16/429b–3.md?p=4) such lesser amount as the [owner](/usc/16/429b–3.md?p=4) may agree to. A right retained pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that it is being exercised in a manner inconsistent with the purposes of sections [429b](/usc/16/429b.md) to [429b–5](/usc/16/429b–5.md) of this title, and it shall terminate by operation of law upon the [Secretary](/usc/16/410r–5.md?p=c-1)’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) **Displaced person; waiver of benefits—** No property [owner](/usc/16/429b–3.md?p=4) who elects to retain a right of use and occupancy under this section shall be considered a displaced [person](/usc/16/450rr–1.md?p=b) as defined in [section 4601(6) of title 42](/usc/42/4601.md?p=6). Such [owners](/usc/16/429b–3.md?p=4) shall be considered to have waived any benefits which would otherwise accrue to them under sections 4623 to 4626 of title 42.

## Source credit

(Apr. 17, 1954, ch. 153, § 3, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1886.)