---
kind: "section"
citation: "16 U.S.C. § 698b"
title: "16"
title_heading: "Conservation"
number: "698b"
heading: "Right of use and occupancy of improved property on Big Thicket Preserve"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/698b"
units:
  - "Chapter 6 — Game and Bird Preserves; Protection"
---

# §698b. Right of use and occupancy of improved property on Big Thicket Preserve

- (a) **Election of right of use and occupancy; payment of fair market value; termination of right—** The [owner](/usc/16/429b–3.md?p=4) of an [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, 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 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) the fair market value of the property on the date of [acquisition](/usc/16/620e.md?p=1) less the fair market value, on that date, of the right retained by the [owner](/usc/16/429b–3.md?p=4). 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 [698](/usc/16/698.md) to [698e](/usc/16/698e.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) **“Improved property” defined—** As used in sections [698](/usc/16/698.md) to [698e](/usc/16/698e.md) of this title, the term “[improved property](/usc/16/251h.md?p=2)” means a detached year-round one-family dwelling which serves as the [owner](/usc/16/429b–3.md?p=4)’s permanent place of abode at the time of [acquisition](/usc/16/620e.md?p=1), and construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the [Secretary](/usc/16/410r–5.md?p=c-1) deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.
- (c) **Waiver of right to relocation assistance by election of right of use and occupancy—** Whenever an [owner](/usc/16/429b–3.md?p=4) of property elects to retain a right of use and occupancy as provided in this section, such [owner](/usc/16/429b–3.md?p=4) shall be deemed to have waived any benefits or rights accruing under sections [4623](/usc/42/4623.md), [4624](/usc/42/4624.md), [4625](/usc/42/4625.md), and [4626](/usc/42/4626.md) of title 42, and for the purposes of such sections such [owner](/usc/16/429b–3.md?p=4) shall not 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).

## Source credit

(Pub. L. 93–439, § 3, Oct. 11, 1974, 88 Stat. 1256; Pub. L. 94–578, title III, § 322, Oct. 21, 1976, 90 Stat. 2742.)

## Notes

### Editorial Notes

### Amendments

1976—Subsec. (b). Pub. L. 94–578 substituted “detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and” for “detached, one-family dwelling,”.