---
kind: "section"
citation: "16 U.S.C. § 459e–3"
title: "16"
title_heading: "Conservation"
number: "459e–3"
heading: "Retention by owner of right of use and occupancy of improved property for residential purposes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/459e-3"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXIII — National Seashore Recreational Areas"
---

# §459e–3. Retention by owner of right of use and occupancy of improved property for residential purposes

- (a) **Time limit; value of reserved right—** [Owners](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) may reserve for themselves and their successors or assigns a right of use and occupancy of the [improved property](/usc/16/251h.md?p=2) for noncommercial residential purposes for a term that is not more than twenty-five years. The value of the reserved right shall be deducted from the fair market value paid for the property.
- (b) **Termination of right; compensation—** A right of use and occupancy reserved pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that the use and occupancy is not consistent with an applicable zoning ordinance approved by the [Secretary](/usc/16/410r–5.md?p=c-1) in accordance with the provisions of [section 459e–2 of this title](/usc/16/459e–2.md), and upon tender to the [owner](/usc/16/429b–3.md?p=4) of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.

## Source credit

(Pub. L. 88–587, § 4, Sept. 11, 1964, 78 Stat. 931.)