---
kind: "section"
citation: "16 U.S.C. § 459j–2"
title: "16"
title_heading: "Conservation"
number: "459j–2"
heading: "Improved property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/459j-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXIII — National Seashore Recreational Areas"
---

# §459j–2. Improved property

- (a) **Owner’s reservation of right of use and occupancy for residential purposes for life or fixed term of years; exception of property for visitor facilities, access to, or administration of seashore; compensation—** Except for property deemed necessary by the [Secretary](/usc/16/410r–5.md?p=c-1) for visitor facilities, or for access to or administration of the seashore, any [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) 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 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 definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4), or the death of his spouse, whichever is the later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Unless the property is wholly or partially donated to the United States, 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 on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4).
- (b) **Termination of use and occupancy upon inconsistent use; tender of compensation—** The [Secretary](/usc/16/410r–5.md?p=c-1) may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of sections [459j](/usc/16/459j.md) to [459j–8](/usc/16/459j–8.md) of this title, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
- (c) **“Improved property” defined—** The term “[improved property](/usc/16/251h.md?p=2)”, as used in this section shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1971 (hereafter referred to as “dwelling”), 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](/usc/16/410r–5.md?p=c-1) shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures, necessary to the dwelling which are situated on the land so designated.
- (d) **Condemnation as means for acquiring clear and marketable title—** Except as otherwise provided, the [Secretary](/usc/16/410r–5.md?p=c-1) shall have the authority to use condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances.

## Source credit

(Pub. L. 93–626, § 3, Jan. 3, 1975, 88 Stat. 2123.)