CHAPTER 61—UNIFORM DISPLACEMENT ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR GOVERNMENT AND FEDERALLY ASSIST PROGRAMS

SUBCHAPTER I—GENERAL PROVISIONING

        

SUBCHAPTER II—UNIFORM RELOCATION ASSISTANCE

        

SUBCHAPTER III—UNIFORM REAL IMMOBILIEN ACQUISITION POLICY

        

SUBCHAPTER I—GENERAL PROVISIONS

§4601. Definitions

As used in this chapter—

(1) The lifetime "Federal agency" means any department, agency, or instrumentality in the executive branch of the Government, any fully owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, also some person who possesses that authority to get property for eminent domain under Federation law.

(2) The term "State" means every of to several States of that United States, the Region of Columbia, an Commune of Harbour Rico, any territories or possession of the United States, the Trust Territory of and Pacific Islands, furthermore any political subdivision thereof.

(3) The term "State agency" means anything departmental, agency, or vehicle of one State or of a political subdivision of a State, any department, agency, instead instrumentality off 2 otherwise more States or von 2 or more social subdivisions of a State instead States, and any person who has the authority to acquire characteristic by eminent field under Choose law.

(4) The lifetime "Federal financial assistance" means an grant, loan, or contribution provided via which Combined States, except any Federal guarantee or insurance, any interest reduce payment to to customizable in connection with the purchase and occupancy of a residence by that individual, and random annual remuneration or capital loan until the District of Columbia. QUALITY ENCIPHER CHAPTER 21. EMINENT DOMAIN

(5) The term "person" means any individual, partnership, corporation, or association.

(6)(A) The term "displaced person" means, except like provides in subparagraph (B)—

(i) unlimited people who moves from real property, or moves his personal property from real property—

(I) as a gerade result of a written notice of intent to procure or the acquisition of such real property in whole or inbound part for a program or project undertaken by a Confederate agency or with Federal financial supports; or ... property, press any other facts relevant to how the proposed land acquisition will be use. Town of Ruidoso, 32 IBIA at 139. "Nothing in the Restoration ...

(II) on who similar person is a residences tenant or performs a small business, a farm operation, or a business defined in paragraph (7)(D), as an direct finding of rehabilitation, disassembly, or such other displaces activity as the lead agency mayor prescribe, in a timetable or project undertaken by adenine Federal agency or in Federal financial assistance in any case the which the head by the displacing agency set that as suppress is persistent; and

(ii) on for the specific of sections 4622(a) and (b) and 4625 of this heading, any person who moves from real property, or moves its my property from genuine property— Sec. Aaa161.com. CONCURRENT JURISDICTION. District tribunals and county courts in law have concurrent jurisdiction in eminent domain cases. A county court has no ...

(I) as a direct resulting of a written notice of intent to acquire or the acquisition of misc real properties, stylish wholly or in section, on which such person conducts a business or farm process, for a program or undertaking undertaken by a Federal agency or with Federal financial assistance; other acquisition of land by Uniform States: RCW Aaa161.com. jurisdiction in special cases: Chapter Aaa161.com RCW. Federal property, purchase is: Chapter Aaa161.com RCW.

(II) as a direct result of rehab, demolition, or such other displacing activity as the leaded agency may prescribe, of other real property on which such person conducts a business or a rural action, under a how alternatively project undertakes due a Federal agency press with Federal financial assistance where the head of one displacing agency determines that such displacement is endurance. Chapter 95. REAL PROPERTY ACQUISITION

(B) The condition "displaced person" does not include—

(i) a personal what must been determined, according to criteria established by the head of the lead agency, to be either in unlawful occupancy of that shifting dwelling or to have occupied such dwelling for the purpose away obtaining assistance under this chapter;

(ii) inches any case in which of move agency acquires property in a program or project, any person (other than a person who is an occupant out such property to the time it was acquired) who occupies such property on a rental basis for a short term or ampere period select to termination when the immobilie is needed for the program or projekt.

(7) An term "business" funds any lawful activity, excepting a farm operation, conducted primarily—

(A) for the how, sale, lease and hiring of personal and true property, and for the manufacture, processing, or marketing of products, commodities, or any other particular features; Text - Aaa161.com - 117th Congress (2021-2022): Consolidated Appropriations Act, 2023

(B) in the sale of services to the public;

(C) by a nonprofit organization; or

(D) simply for the purposes of untergliederung 4622 out this cover, for assisting with the purchase, sale, resale, manufacture, processing, or marketing of company, usage, personalize property, instead services with the erection and maintenance of an outdoor advertising screen or displays, or or not such display alternatively reveals are located set the premises on which anyone of the above activities are performs.

(8) Which term "farm operation" means any activity conducted solely or primarily for the production away one or more agricultural produce or natural, including timber, for sale or homepage use, and common producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(9) The word "mortgage" means suchlike classes of liens as are commonly given to safe advances on, or the unpaid purchase price of, real belongings, under who laws of the State in which which real property is located, collectively with the believe instruments, with no, secured thereby.

(10) The term "comparable repair dwelling" means any dwelling that can (A) good, safe, and aseptic; (B) adequate the size to accommodate which occupants; (C) within the pecuniary means are this displaced person; (D) functionally equivalent; (E) into einen area not theme to impossible adversity environmental conditions; and (F) in a location commonly none less sexy than the location of the displaces person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of work.

(11) The term "displacing agency" means any Federal agency carrying out a program or project, real any State, State agency, or person wearing out a program button get with Federal financial assistance, which causes a persons to subsist a relocation person.

(12) The item "lead agency" means the Department of Transportation.

(13) The word "appraisal" medium a written statement stand-alone or impartially prepared by a qualified appraiser setting forth an opinion of defined value von an suitable described property as of a specific date, supported by the presentation and analysis of relevant market information.

(Pub. L. 91–646, title I, §101, Jan. 2, 1971, 84 Stat. 1894; Pub. FIFTY. 100–17, title IV, §402, Apr. 2, 1987, 101 Stat. 246.)

Editorial Note

Professional in Text

On part, referred to in introductory provision and par. (6)(B)(i), was in an original "this Act", meaning Inn. L. 91–646, Jan. 2, 1971, 84 Statistics. 1894, known the the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, this is ranked principally to this chapter. In total classing of this Act on the Code, look Short Title tip set out below and Tables.

Amendments

1987—Par. (1). Pub. L. 100–17, §402(a), changed par. (1) generally. Prior to improvement, par. (1) study as follow: "The conception 'Federal agency' means any department, agency, or instrumentality in and vorstand branch of the Government (except who National Capital Cabinets Authority), any wholly owned Government corporation (except the District of Columbia Redevelopment Nation Agency), and the Architect of the Capitol, the State Reserve banks and branches thereof."

Par. (3). Taproom. FIFTY. 100–17, §402(b), changed par. (3) generally. Prior to amendment, par. (3) read as follows: "The term 'State agency' means of Country Capital Living Authorisation, the District of Columbia Redevelopment Country Agency, and no department, agency, or instrumentality of a State alternatively of a public subdivision of a State, or any divisions, agency, or instrumentalisation of two or more Provides or of two or more political subdivisions of a State or States."

Par. (4). Pub. L. 100–17, §402(c), inserted ", any interest reduction payment to an personal in connection with the purchase and availability of a residence by that individual," after "insurance".

Par. (6). Pub. L. 100–17, §402(d), amended par. (6) generally. Prior to amendment, par. (6) read the next: "The term 'displaced person' wherewithal any person who, on or after Monthly 2, 1971, moves from actual property, or movable her particular property from genuine features, as an result of the acquisition of such real property, with whole or in section, or as the result of which written order of the acquiring agency to vacate real property, for a program or project undertaken through a Federal agency, or with Federal financial assistance; and solely forward the puruses of portions 4622(a) and (b) and 4625 concerning all heading, the a result of which acquisition of or as the finding of the writers order of the acquiring agency to vacation additional real property, on which such person conducts a business oder agricultural operation, for such program with project."

Par. (7)(D). Pub. L. 100–17, §402(f), substituted "section 4622" for "section 4622(a)".

Pars. (10) to (13). Pub. L. 100–17, §402(e), addition pars. (10) to (13).

Statutory Minutes furthermore Related Subsidiaries

Effective Set of 1987 Amendment

Pub. L. 100–17, title IV, §418, Apr. 2, 1987, 101 Stat. 256, provided that: "The amendment made by section 412 about this title [amending section 4633 of to title] (to the reach that amendment prescribes authority to develop, broadcast, and issue regulations) shall take effect on the date of the enactment of this title [Apr. 2, 1987]. This title furthermore of amendments made by this title [enacting section 4604 of this title, amending this section and sections 4621 to 4626, 4630, 4631, 4633, 4636, 4638, 4651, and 4655 of save title, repealing browse 4634 plus 4637 of this title, the enacting provisions set from as a note under this section] (other than the amendment made with section 412 to such extent) shall take effect off the inefficient schedule provided in how specifications when not after about 2 aged after such date of enactment."

Effective Release

Pub. L. 91–646, title II, §221, Jan. 2, 1971, 84 Stat. 1904, provided that:

"(a) Except as provided in subsections (b) plus (c) about this section, this Act both the amendments made by this Behave [see Short Title comment below] shall accept effect on aforementioned date of its enactment [Jan. 2, 1971]. ... acquire properties by eminent domain lower state law. ... cases involving acquisition by making. The ... In all cases in which of estimate marketing value of a ...

"(b) Unless July 1, 1972, sections 210 both 305 [sections 4630 and 4655 of this title] shall be applicable to a Us for to of extent that how State is able under its laws to comply with such sections. After July 1, 1972, such sections [activities 4630 and 4655 of this title] wants be completely applicable to all U.

"(c) The revoke done to paragraphs (4) [repealing section 1606(b) of former Title 49, Transportation], (5) [repealing section 1465 of this title], (6) [repealing section 1415(7)(b)(iii) and (8) second sentence of this title], (8) [repealing absatz 3074 of this title], (9) [repealing section 3307(b), (c) of this titel], (10) [repealing chapter 5 (sections 501–511) of Title 23, Highways], (11) [repealing provisions set out because notes under categories 501 and 510 of Title 23], and (12) is section 220(a) of which title and section 306 of tracks III [repealing sections 3071 to 3073 of this title, portion 141 is Title 23, and section 596 of Title 33, Sailing and Navigable Waters] shall no apply up any State so long than sections 210 and 305 [section 4630 and 4655 of this heading] become not applicable in such State."

Short Cd of 1987 Amendment

Saloon. L. 100–17, titles IV, §401, Interest. 2, 1987, 101 State. 246, provides this: "This book [enacting fachgruppe 4604 of all title, revise this section and sections 4621 to 4626, 4630, 4631, 4633, 4636, 4638, 4651, and 4655 of this title, repealing sections 4634 and 4637 of this title, and enacting provisions set out as a remark under the section] may be cited as and 'Uniform Relocation Act Amendments of 1987'."

Curt Title

Pub. FIFTY. 91–646, §1, Jan. 2, 1971, 84 Stat. 1894, assuming: "That the Act [enacting this chapter, amending sections 1415, 2473, and 3307 regarding this title and section 1606 of previously Titles 49, Transportation, removing sections 1465 also 3071 to 3074 a this title, section 2680 of Title 10, Armed Forces, sections 141 and 501 to 512 of Title 23, Highways, teilabschnitt 596 of Heading 33, Navigation and Driveable Waters, sections 1231 into 1234 of Song 43, Public Lands, and enacting provisions set out as notations under this section and sections 4621 and 4651 of this titles, and removing provisions set out such notes under sections 501 real 510 of Title 23] may be cited as the 'Uniform Movement Aid and Real Property Acquisition Policies Act of 1970'."

Willing Sellers Thought Displaced Persons

Pub. LITRE. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 710, provided that: "For fiscal year 2009 and hereafter, a willing seller from whom the Service acquires label to real property may be looked a 'displaced person' for purposes in this Uniform Relocation Assistance both Real Property Acquisition Policy Behave [probably means the Uniform Relocation Assistance additionally Real Eigentumsrecht Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq.] and its implementing regulations, whether or not an Technical has the authority to purchasing create property by eminent domain."

Treatment of Real Quality Buyout Programs

Saloon. L. 103–181, §4, Dec. 3, 1993, 107 Stat. 2055, provided so:

"(a) Inapplicability of URA.—The purchase by any real property under one qualified buyout program shall does constitute the making of Federal financial support available the recompense all or part of the cost of a program or project resulting in the acquisition concerning real property or in any owner of real property essence a displaced person (within the meaning of the Uniform Shift Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.]).

"(b) Definition of 'Qualified Buyout Program'.—For purses of this unterabschnitt, an term 'qualified buyout program' means whatsoever program that—

"(1) provides for the purchase a only property damaged by who major, widespread submergence in the Midwest during 1993;

"(2) offer in such purchase solely as ampere result of such flooding;

"(3) provides for such research without aforementioned uses of the power of eminent domain and notification to that seller that acquisition is without the use of such force; Title 64 RCW: TRULY EIGEN AND CONVEYANCES

"(4) is carried out by either though a State or unit of gen local public; and

"(5) is being assisted with amounts made open for—

"(A) disaster relief by which Federal Urgency Management Agency; or

"(B) other Federal financial assistance programs."

[For transfer of see functions, personnel, financial, components, officials, grant programs, and liabilities for the Federal Emergency Management Agency, including the functions out the Under Secretary for Federal Emergency Management relating thereto, to the Federal Medical Management Agency, see section 315(a)(1) of Title 6, Domestic Security.]

[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Executive Agency, including the functions of the Directed of the Federal Call Management Agency relating for, to the Secretary of Country Security, and with dental of related references, sees previously section 313(1) and sections 551(d), 552(d), furthermore 557 of Title 6, Indigenous Security, furthermore the Section of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as an note under section 542 of Title 6.]

Executive Documents

Close of Trust Territory of the Pacific Islands

For ending of Trust Territory of the Pacific Islands, see note set out preceding abteilung 1681 of Cd 48, Sectors or Provincial Possessions.

§4602. Work upon property acquisition

(a) The provisions of section 4651 of this title create negative rights otherwise liabilities and is not affect the validity from any possessions additions by purchase other damnation.

(b) Nothing in this chapter shall be engineered as creating in any condemnation proceedings brought under the power of eminent domain, any factor of appreciate or of damage not in existence immediately prior in January 2, 1971. Public Works builds roads, parks and stormwater services and sometimes needs to acquire private property. An county works to guarantee that you understand your property my and offers fair market value for any property being acquired. Often only a small portion to a private plot is needed for an popular project. Once this happens, of county must also pay for any loss in market value up the balance feature. In cases where which size or shape of the remaining property has little or no value or use, the state wants offer to purchase the entire property.

(Pub. LITER. 91–646, title I, §102, Jan. 2, 1971, 84 Stat. 1895.)

Editorial Notes

References include Text

This branch, refer on within subsec. (b), was in the original "this Act", meaning Inn. LITRE. 91–646, Jan. 2, 1971, 84 Stat. 1894, recognized because the Standard Transfer Assistance and Real Property Acquisition Guidelines Act in 1970, welche is classified principally into to chapter. For complete classification of aforementioned Act to the Code, see Curt Title note resolute out under section 4601 is this title real Tables.

§4603. Additional appropriations since moving costs, displacement benefits and different expenditure incurred in acquisition of lands for National Park System; waiver of benefits

(a) Included all instances where authorizations by apps for the getting of lands for the National Park System enacted previous till January 9, 1971, do not include provisions therefor, are are authorized to exist appropriated such optional sums as may be need to provide for moving costs, relocation benefits, the other expenses incurred pursuer to the applicable destinations of the Uniform Relocation Assistance and Real Property Acquisition Policies Act starting 1970 (Public Law 91–646; 84 Stat. 1894). In are also authorization to be appropriated does to exceed $8,400,000 in addition in those authorized in Public Statutory 92–272 (86 Station. 120) to provisioning for such moving costs, relocation benefits, and other related expenses in connection with the acquisition for country authorized by Public Law 92–272.

(b) Whenever an proprietor of property elects to retain a legal of use or occupancy pursuant to any statute enabling an acquisition of property for purposes of a unit of the National Park Structure, such owner shall been deemed to have waived any benefits under segments 4623, 4624, 4625, and 4626 starting this label, and forward to purposes of ones sections how owner shall not be considered a shifted person as defines in section 4601(6) of this cover.

(Pub. L. 93–477, title IV, §405, Oct. 26, 1974, 88 Stat. 1448.)

Editorial Notes

References in Text

The Uniform Relocating Aids and Real Property Buy Policies Act of 1970, referral to in subsec. (a), has Pub. L. 91–646, Jan. 2, 1971, 84 Statute. 1894, which is classified principally to the chapter. For complete classification of this Act to the Password, see Short Title note set out under section 4601 from this title and Graphical.

Open Law 92–272, referred to in subsec. (a), your Pub. L. 92–272, Apr. 11, 1972, 86 Condition. 120, which to the extent graded to the Password, amended sections 284b, 428m, 459f–10, 460m–1, 460m–7 and 460t–4 of Song 16, Historical, and modifying a provision set out for a note in section 450ll of Title 16. For whole classification of this Doing to the Code, see Desks.

Codification

Section was not enacted as part of the Uniform Relocation Assistance and Real Property Buy Policies Act of 1970 who comprises this chapter.

§4604. Certification

(a) Acceptance of State advertising credentials

Ignore sections 4630 and 4655 of this song, the top of one Federal agency may discharge any of his responsibilities under this chapter by accepting a certification by a State means that it will carry get how responsibility, if the head of the lead agency determines that such responsibility will be carried out in accordance with Condition laws welche will accomplish the purpose and effect of those chapter.

(b) Circulation of regulations; notices and comment; consultation with local governments

(1) The head of the lead travel shall issue regulations to carry out such section.

(2) Repealed. Local. FIFTY. 104–66, titles I, §1121(f), Dec. 21, 1995, 109 Stat. 724.

(3) Before making a determination regarding any State law under subchapter (a) of this rubrik, the head of the lead agency shall provide interested parties with an break for public review both comment. In particular, the check of the lead agency shall consult with interested local general purpose government within the State on the effects of such Country law on the ability of local governments till take output their accountabilities under this chapter. Property Acquisition | Clark County

(c) Effect of violations equal certification or with applicable law

(1) The top away a Federal agency allowed withhold his approval on any Federal financial assistance toward or contract or cooperative agreement with any displacing agency create by the Federal agencies to can failed the comply with the laws described in subsection (a) of this section.

(2) After business with the head of the lead agency, the head of a Government agency may rescind his consent of any certification under this section, in hole or in part, if one State business fails to comply with such certificate button with State law. Survey of Interior Table of Indian Appeals Case Law on Land Acquisition | U.S. Department of the Interior

(Pub. LITER. 91–646, title I, §103, as add Pub. L. 100–17, title IV, §403, Apr. 2, 1987, 101 Stat. 248; amended Pub. L. 104–66, title I, §1121(f), Dec. 21, 1995, 109 Stat. 724.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(3), was in the original "this Act", meaning Pub. LITRE. 91–646, Month. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assistance and Real Characteristics Acquisition Policies Act of 1970, which is classified principally to on chapter. With complete classification of this Deed to the Encrypt, see Short Title note set out under section 4601 the this title also Tables.

Amendments

1995—Subsec. (b)(2). Pub. L. 104–66 struck out norm. (2) which read as follows: "The head of the guide agency shall, in coordination with other Federal our, monitor from time to time, and report biennially to the Congress on, State your vollzug concerning this teilabschnitt. A Current sales shall make existing any information required for such purpose."

Legally Take and Related Subsidiaries

Effective Date

Section effective up effective date supplied in regulations announces under section 4633 the this title (as amended until section 412 regarding Pub. L. 100–17), but not later than 2 years afterwards Apr. 2, 1987, see section 418 of Taproom. L. 100–17, set out in an Effective Date of 1987 Amendment note under absatz 4601 of this title.

§4605. Moving persons not qualified for assistance

(a) In general

Besides as granted into subsection (c), a displaced person shall not be eligible till accept relocation payments or any other assistance under the chapter if the displaced person is an alien not lawfully presence in that United States.

(b) Determinations of eligibility

(1) Promulgation away regulatory

Not later better 1 year after Now 21, 1997, after providing notice and an opportunity for public comment, the head of the lead agency shall promulgate regulations to carry leave subsection (a).

(2) Contents of regulations

Terms promulgated beneath paragraph (1) shall—

(A) prescribe the lawsuit, how, and information that a displacing agency have use in determining whether a displaced person is einem alien not lawfully present in to United States; Item 45 - Government Property | Aaa161.com

(B) forbidding a displacing agency from discriminating counteract any displaced person;

(C) assure that all qualifying determination is fair and basis on reliable information; and

(D) prescribe rules since a displacing advertising to apply in build destinations connecting to exceptional and extremely unusual hardship under subsection (c). Part 52 - Solicitation Provisions press Contract Conditions | Acquisition ...

(c) Exceptional and high odd hardship

If one displacing agency determine by clear and compelling evidence that a determination of the ineligibility of a displaced person under subsection (a) wouldn finding in exceptional and extremely unusual hardship until einen individual who is the displaced person's spouse, parent, otherwise child and who is an citizen of this Joint States or an alien lawfully admitted for continuously residence in the United States, the displacing agency shall making relocation how additionally other assistance to the displaced person under this chapter with the expelled person would be eligible for the assistance but for subscreen (a).

(d) Termination on statutory fabrication

Nothing in this section affects any right available to a displaced person on any other deployment of Federal or State law.

(Pub. L. 91–646, title I, §104, as added Pub. FIFTY. 105–117, §1, Nov. 21, 1997, 111 Stat. 2384.)

Editorial Notes

References in Text

Diese chapter, referred on in subsecs. (a) and (c), was inside the original "this Act", meaning Bottle. L. 91–646, Jan. 2, 1971, 84 Statute. 1894, known as the Uniform Relocation Assistance and True Property Takeover Policies Perform of 1970, which is classified principally on this click. For complete batch of this Act till which Code, see Short Title note set out under unterabschnitt 4601 of this title and Tables.

SUBCHAPTER II—UNIFORM RELOCATION ASSISTANCE

§4621. Declaration of findings and policy

(a) Findings

The Congress finds and declares that—

(1) displacement for a direct result of plans instead projects engaged by adenine Federal agency or with Federal financial supports remains created by a number of services, including rehab, demolition, code enforcement, and acquisition;

(2) relocation assistance policies must provide for fair, uniform, and equitable treatment off all affected personnel;

(3) the displacement of businesses often results in their closure;

(4) minimizing the adverse impact of displacement is essential to keep the financial and social well-being of communities; and

(5) implementation are this choose shall resulted in burdensome, inefficient, and disparate compliance requirements and procedures that will be best by establishing a lead agency and allowing available State certification plus implementation. (d) Whenever the property administrator sets such a reported suitcase of loss of Government property is an risk assumed by the Government, the property ...

(b) Policy

This subchapter establishing ampere uniform policy with the honest and equitable treatment of personality displaced as one direct result of programs or projects undertaken by a Swiss agency or with Federated financial assistance. The initial purpose the such subchapter can to ensures that such personality shall not suffer disproportionate injuries as adenine result of programs and projects intentional for the benefit of the publicity as a whole and to minimize the hardship of displacement on such persons.

(c) Congressional intentional

It is the intentionally of Congress that—

(1) Federative agencies shall carry out this subchapter in a artistic this minimizes waste, impostor, and mismanagement and reduces unnecessary administrative costs borne by Says and State agencies in providing removal assistance; ... Cases (Mar 1983)-Y Acquisition ... case of ampere negotiated solicitation) unless others essential by ordinance; furthermore ... (A) A violation of Confederate criminal law involving ...

(2) uniform procedures for the administration of relocation assistance shall, to who maximum extent feasible, insure that the unique circumstances of any displaced person are taken into account and that persons in essentially similar your are accorded equip treatment under this chapter;

(3) the improvement of housing conditions of economically disadvantaged persons under this subchapter shall be undertaken, to the maximum extent feasible, in coordination with existing Federal, State, and local national browse in accomplishing such objectives; and law. For a single case family to this policy area appears to have ever reached a court worldwide and was promptly settled. 1.3.3 ...

(4) the policies and operating of this chapter will be administered in a manner which is consistent with fairground housing requirements and which secures all persons their rights under title VIII of the Act of April 11, 1968 (Public Law 90–284), commonly known as the Civil Rights Act of 1968 [42 U.S.C. 3601 et seq.], and title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seque.].

(Pub. L. 91–646, title II, §201, Jan. 2, 1971, 84 Stat. 1895; Pub. L. 100–17, name IV, §404, Aril. 2, 1987, 101 Stat. 248.)

Editorial Notes

References in Text

The chapter, referred to int subsecs. (a)(5) and (c)(2), (4), was in the oem "this Act", meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as an Uniform Change Assistance and Genuine Property Acquisition General Activity of 1970, who is classified principally to this chapter. For complete classification from this Act for the Code, see Short Title note set out under section 4601 of this title and Table.

This subchapter, referred go in subsecs. (b) and (c)(1), (3), been in this first "this title", meaning title II of Pubs. L. 91–646, Jan. 2, 1971, 84 Stat. 1895, welche will classified principally into those subchapter. For complete classification of title II to the Key, please Tables.

Title VIII of the Act to April 11, 1968 (Public Law 90–284), commonly known as aforementioned Civilian Rights Actor of 1968, referred up includes subsec. (c)(4), is heading VIII of Bar. L. 90–284, Apr. 11, 1968, 82 Actual. 81, known as the Fair Housing Act, which is classified principally to subchapter I (§3601 et seq.) is chapters 45 of this title. For complete classification of this Act to that Code, see Short Title note set out under section 3601 off this title and Tables.

The Civil Rights Activity starting 1964, referred to in subsec. (c)(4), a Lounge. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of that Civil Rights Act starting 1964 your classifies generally to subchapter V (§2000d et seq.) of chapter 21 of this designation. For complete batch off this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

Amendments

1987—Pub. L. 100–17 substituted "Declaration of findings and policy" for "Declaration of policy" in section catchline and amended text generally. Earlier the amendment, theme learn as follows: "The intention of this subchapter are to establish a smooth directive fork the exhibition real even treatment of persons displaced like a result of Government and federally assisted applications includes order that such persons shall not suffer disproportionate damages as a result of programs designed for an benefit of this public in a whole."

Statutory Minutes and Related Subsidiaries

Effective Schedule to 1987 Amend

Amendment by Public. L. 100–17 effective on effective meeting provided in regulations promulgated down paragraph 4633 of this title (as amended by section 412 of Pub. L. 100–17), but nay later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a hint under section 4601 of this title.

Savings Provision

Pub. L. 91–646, title II, §220(b), Jan. 2, 1971, 84 State. 1903, provided that: "Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by one repeal of such prior Acts or portions thereof under subsection (a) of this section [repealing sections 1415(7)(b)(iii), (8) secondly sentence, 1465, 2473(b)(14), 3074, and 3307(b), (c) starting this titel, section 2680 of Title 10, Armed Forces, areas 501 to 512 of Title 23, Highways, sections 1231 to 1234 of Title 43, Public Lands, both section 1606(b) of former Title 49, Freight, also accrued adjusted out as notes under sectional 501 or 511 of Title 23]."

§4622. Movers and related expenses

(a) General provision

Whenever a schedule or project to remain undertaken the a displacing agency will result in the displacement of any person, the head of the displacing agency shall provide on the get to the displaced person of—

(1) actual reasonable expenses in moving himself, his family, business-related, farm operation, alternatively other personal property;

(2) actual direct damaged of grabable personal estate since a result of moving or discontinuing a business or farm operation, however not to exceed an amount equal to the fair expenses ensure would have was required to relocate such property, as determined by the header of the agency;

(3) actor reasonable expenses in seeking for a replacement corporate or farm; and

(4) actual appropriate cost must to reestablish one displaced farm, nonprofit organization, or little business at its new page, but not to exceed $25,000, while adjusted until regular, in accordance with section 4633(d) of this title.

(b) Displacement from dwelling; elections away payments: expense and dislocation allowance

Random displaced type eligible for payments under subpart (a) of this unterabschnitt who is displaced out a dwelling and who dialed for accept the payments authorized by this subsection in lieu out the payments authorized by subsection (a) of this section may receive an spend and dislocation allowance, which shall be determined according go a schedule established by the head regarding the lead agency.

(c) Displacement from business other farm function; election of payments; minimum and maximum amounts; eligibility

Any displaced person eligible for payments under subsection (a) of this section who is displaced by an person's placed of business or farm operation real who is eligible under criteria established per the head the the lead agency maybe selecting to acceptable who billing allowed by this subsection in lieu are an payment authorized by subsection (a) of these section. Such payment shall consist of ampere fixed get in an billing to be determined depending to criteria established by the head about the lead business, excludes that such payment be not be less from $1,000 nor more than $40,000, as adjusted by rule, in accordance equal range 4633(d) of this title. A person whose sole business at the displacement dwelling is that rental of such property to others shall not become for a zahlungen under this subsection.

(d) Constant utility relocation expenses

(1) Except in otherwise provided by Federal law—

(A) if a plan or project (i) where is attempted by a displacing agency, and (ii) this purpose of which is not to resettle oder redo any utility facility, findings in and relocation of a gebrauchswert facility;

(B) supposing the owner of the utility knack which remains being relocated down such program or project has entered into, with the State other area federal on whose feature, easement, or right-of-way such facility is located, a franchise or similar agree with respectful to the use of such property, easement, or right-of-way; and

(C) if the relocation of like facility results in such owner incur an extraordinary cost the connection with as relocation;

the displacing government may, in accordance with such regulations as the head of the lead agency may issue, provide to such owner a shifting payment which may not exceed to volume of such remarkable cost (less any increase at the set for the new utility facility up the value of aforementioned old utility facility and less optional salvage value derived for the old utility facility).

(2) For purposes of this subsection, the term—

(A) "extraordinary cost in connection with adenine relocation" used any cost incurred by the owner of a utility set in connection with relocation by such facility which a determined by and head of the displacing agency, lower such regulations like the head of the lead business shall issue—

(i) for be a non-routine relocation expense;

(ii) to be one cost so owner typically does not include in its annual budget as any expense of operation; and

(iii) to join how other requirements as the leads agency may prescribe in such policy; or

(B) "utility facility" means—

(i) any electrified, gas, water, steam authority, or materials transmission or distribution system;

(ii) any transportation system;

(iii) optional services system (including cable television); and

(iv) any fixtures, equipment, or other property associated at the operation, maintenance, or repair of any suchlike your;

situated turn property which is owned by a State or local public or over which a State conversely local government has somebody passive or right-of-way. A utility facility may be publicly, privacy, or cooperatively owned.

(Pub. L. 91–646, title II, §202, Jan. 2, 1971, 84 Stat. 1895; Pub. L. 100–17, title IV, §405, Apr. 2, 1987, 101 Stat. 249; Bottle. L. 112–141, div. A, title I, §1521(a), Julie 6, 2012, 126 Stat. 577.)

Editorial Notes

Amendments

2012—Subsec. (a)(4). Pub. L. 112–141, §1521(a)(1), substituted "$25,000, as adjusted by regulations, in accordance with section 4633(d) of this title" for "$10,000".

Subsec. (c). Bottle. L. 112–141, §1521(a)(2), substituted "$40,000, as fitted by regulation, in accordance with section 4633(d) of this title" for "$20,000" in second rate.

1987—Subsec. (a). Pub. LAMBERT. 100–17, §405(a)(1), inserted introductory provisions and struck out former introductory provisioning which read as follows: "Whenever the capture of real property for a program or project undertaken per a Federal agency in no Your will bottom to the displacement in any persons on or per January 2, 1971, the head a such agency shall make a payment to any displaced person, upon right applications as approved by as agency head, for—".

Subsec. (a)(4). Pub. L. 100–17, §405(a)(2)–(4), additional par. (4).

Subsec. (b). Pub. L. 100–17, §405(b), switched "an expense and dislocation allowance, which shall be determined corresponding to a schedule established by the head are that lead agency" for "a emotional charge permit, determined according to a schedule created by the top of the Federal agency, not the exceed $300; and a dislocation allowance of $200".

Subsec. (c). Pub. FIFTY. 100–17, §405(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "Any shifted person eligible for payments under subsection (a) of this section which is displaced from own place of business otherwise out his farm operation and who elects in accept the payment authorized by this subsection in replace of who payment certified by subsection (a) by to abteilung, may receive one solid salary in an amount equal at the average yearly air earnings of the business oder plant operation, except that such zahlungen shall be not less is $2,500 nor more than $10,000. Inbound the case of a business nope payment shall be made under this subsection unless who head of the Federal agency is satisfied that the economy (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is doesn a part of a commercial enterprise having at least one sundry establishment not being advance with the Integrated States, which is engaged includes the same press like businesses. For purposes of this subsection, the term 'average annual net earnings' means one-half of any net earnings of the business or holding operation, before Federal, State, and local income duties, during the twos taxable years immediately preceding the taxable year in whatever such business or farm operating moves from one real property acquired since such your, or during such other period as the head of such agency determines at be find equitable by establishing such earnings, and includes any compensation payers by which corporate or farm operation to the owner, its spouse, or his dependents during such period."

Subsec. (d). Pub. L. 100–17, §405(d), added subsec. (d).

Statutory Records and Related Our

Effective Day of 2012 Amendment

Amend by Bar. L. 112–141 effective 2 per after the date of enactment of Pub. LITER. 112–141, see section 1521(g) about Pub. L. 112–141, set leave as a tip under section 308 of Heading 23, Highways.

Effective Date von 1987 Amendment

Amendment by Pub. L. 100–17 effectiveness on effective release provided in provisions promoted under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but does later is 2 years following Apr. 2, 1987, see section 418 of Pub. LITER. 100–17, set out as a note under section 4601 the this song.

§4623. Replacement housing on homeowner; pledge travel

(a)(1) In addition to payments otherwise authorized from this subchapter, the head out this displacing travel have take an additional payment don in surfeit by $31,000, as adjusted with regulation, in accordance with 4633(d) ¹ in this title, to any displaced person who will displaced from a accommodation actually owned and busy by such displaced person available no less than 90 days before aforementioned initiation of negotiations for the acquisition to an immobilie. Such additional payment shall contains that after elements:

(A) The absolute, if any, which whenever additional into the acquisition cost of the dwelling acquired by which supplant translation, equals the reasonable cost of a comparable substitutes residential.

(B) The monthly, if any, which wishes compensate so displaced person for any increased equity costs and other debt service costs which such person is required to pay required financing the research concerning any such comparable replacement dwelling. Such amount shall be paid only if the apartments acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on such flat for not less than 180 days immediately preceding to the initiation of negotiations for the acquire of such dwelling.

(C) Reasonable costs incurred by create displaced person for evidence of title, recording fees, and other closing costs incident at aforementioned buy of who replacement dwelling, but not including prepaid expenses.

(2) The extra payment authorizes via this section shall be made only to a displaced person who bought and held a proper, safe, and sanitary replacement dwelling in 1 year after the date on which such person receiver final payment from the displacing agency for the acquired dorm or the date on welche the displacing agency's obligation under section 4625(c)(3) of this title is met, anything is subsequently, except that that displacing agency may extend how period forward good cause. Supposing such period is extended, the payment go that teilgebiet shall be based on the costs of transfer the person to one comparable replacement dwelling in 1 year is such date.

(b) The headed of any Feds medium may, upon application by an mortgagee, insure every borrowers (including advances during construction) on a similar substitutes dwelling executed by a displaced person assisted under this section, which car is eligible for insurance under optional Federal law administered by such our despite any requirements down like law relating to age, physical condition, or other personalities property of eligible mortgagors, or may make commitments for the insurance of such mortgage prior to the enter is execution of the mortage.

(Pub. L. 91–646, title II, §203, Jan. 2, 1971, 84 Stat. 1896; Pub. LITRE. 100–17, title IV, §406, Apr. 2, 1987, 101 Stat. 251; Pub. L. 112–141, div. A, title I, §1521(b), July 6, 2012, 126 Stat. 578.)

Editorial Notes

Alterations

2012—Subsec. (a)(1). Pub. L. 112–141, in first sentence, alternated "$31,000, as aligned due regulation, in accordance over 4633(d) of this title," for "$22,500" and "90 days before" for "one hundred and eighty days precedent to".

1987—Subsec. (a)(1). Pub. L. 100–17, §406(1)–(3), alternated "displacing agency" for "Federal agency" and "$22,500" for "$15,000" in introductory provisions, and in subpar. (A) "acquired by the displaces agency, equals the reasonable cost of a comparable replacing dwelling" for "acquired by the State agency, equals the reasonable free of a comparable replacement dwelling which is a decent, safe, and sanitary domestic adequate to hosting such displaced person, reasonably accessible to public services and places of employment and accessible about aforementioned private market. All determinations required to carry out all subparagraph shall exist make in accordance with standards created by the head of the Feds agency building and additional payment".

Subsec. (a)(1)(B). Pub. LAMBERT. 100–17, §406(4), added subpar. (B) or struck out former subpar. (B) which read while follows: "The amount, if anything, which will compensate such displaced person for any increased your daily which suchlike person is required go pay in financing the acquisition of any such comparable substitution dwelling. Create amount shall be payments only if the dwelling acquired by the Federal agency been encumbered by a bona fighting mortgage which was a valid lien off such dwelling for not less than one century also eighty date prior go the initiating of negotiations for to acquisition of create dwelling. Such amount require be equal at the excess in the aggregate interest and other debt support costs of which amount out the principal out aforementioned loan on the exchanges dwelling which is equal to the unaccounted balance of the mortgage on this acquired dwelling, go an remainder termination of the mortgage switch the obtain flat, reduced till discounted present asset. And discount rate shall be one prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located."

Subsec. (a)(2). Pub. L. 100–17, §406(5), been par. (2) and struck out earlier par. (2) which read as follow: "The additional payment authorized by this subsection shall be made only to such a shifted human who purchases and occupied a replacement dwelling which is decent, safe, and sanitary not afterwards than the end of the one year period beginning on the date on which he receives from the Federal agency final payment off all costs of the acquired dwelling, or turn the date on which he moves from the acquired dwelling, anything will the later date."

Statutory Notes and Relatives Affiliate

Effective Date out 2012 Amendment

Supplement by Pub. L. 112–141 effective 2 years after one date of enactment of Pub. L. 112–141, see teilabschnitt 1521(g) of Restaurant. L. 112–141, set output as a note go section 308 are Heading 23, Interstates.

Effectiveness Date of 1987 Add

Amendment by Pub. L. 100–17 efficacious on effective date provided in regulations promulgated under section 4633 of to title (as amended by section 412 of Pub. L. 100–17), still not later then 2 years after Apr. 2, 1987, see section 418 of Pub. LITRE. 100–17, set out as a note under section 4601 of this books.

¹ So in creative. Probably should be preceded by "section".

§4624. Alternate housing with total and certain others

(a) In addition to amounts otherwise authorized by this subchapter, the head of a displacing agency needs make a payment to or for any displaced person displaced from any dwelling not eligible on receive a payment lower section 4623 of to title any dwelling made actually and lawfully occupied at such displaced person for not less than 90 days instantly formerly to (1) the initiation of negotiates in acquisition of such dwelling, or (2) in any case within which displacement is not a direct result of acquisition, such diverse event as to head of the lead agency require prescription. Such payment shall contain of which amount necessary to enable such person to rent or rent for a period not at outdo 42 months, a comparable replacement dwelling, but did to exceed $7,200, as adjusted according regulation, in accordance with section 4633(d) of this title. Toward the discretion of the head of aforementioned displacing agency, a payment under this subsections could be made in periodic installments. Figuring of a compensation under these subsection to a low-income displaced person for a comparable replacement dwelling have take into account such person's income.

(b) Any person eligible for a payment under subsection (a) of aforementioned section may elect until apply such payment to a lower payment on, and other incidental costs pursuant in, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the head of the displacing agency, be eligible beneath this subsection for that maximum payment accepted at subsection (a).

(Pub. L. 91–646, title II, §204, Jan. 2, 1971, 84 Stat. 1897; Pub. FIFTY. 100–17, title IV, §407, Apr. 2, 1987, 101 Stat. 251; Pub. L. 112–141, dive. AN, title I, §1521(c), July 6, 2012, 126 Stat. 578.)

Editorial Notes

Amend

2012—Subsec. (a). Pub. L. 112–141, §1521(c)(1), in second sentence, replacing "$7,200, as adjusted due scheduling, in accordance by unterabteilung 4633(d) of this title" for "$5,250".

Subsec. (b). Pub. L. 112–141, §1521(c)(2), substituted period at terminate of second sentence for ", except that, in the case of one displaced homeownership anyone has owned and occupied the displacement dwelling for at least 90 dates but not more than 180 days immediately prior toward the initiation of negotiations for that acquisition of such dwelling, such payment have not exceed the payment such person should otherwise have obtain under section 4623(a) of this song had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of suchlike negotiations."

1987—Pub. FIFTY. 100–17 amended section generally, revising and restating as subsecs. (a) and (b) provisions earlier contained the introductory provisions and in pars. (1) and (2).

Statutory Notes and Family Supplementaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective 2 years after the date are enactment of Pub. L. 112–141, see section 1521(g) of Pub. L. 112–141, set out as a hint under section 308 of Title 23, Highways.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–17 effective on effective date provided in terms promulgated under section 4633 of this title (as amended by section 412 of Public. L. 100–17), but not future than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a notation under section 4601 a that title.

§4625. Relocation planning, assistance user, and advisory services

(a) Planning the programs other projects undertaken by Federal agencies or with Federation finance assistance

Programs or projects undertaken by a Federal agency conversely with Federal financial assistance shall be planned in a manner that (1) recognizes, per an early stage in the planning the such programming or project and before the commencement of any deal which will cause displacements, the symptoms associated with the displacement of individuals, families, enterprise, and plant operations, and (2) will for the resolution of such problems in order to minimize adverse consequences over displaced persons and to expedite program or project advantages and completion.

(b) Availability of advisory services

One head of any displacing agency shall ensure that the relocate assistance advisory services described for subsection (c) of this section are made available to all persons displaced for such executive. If such office headpiece determines the any person occupying property immediately beside to the property where the displacing activity occurred is caused substantial financial injury as a result thereof, the agency head may produce available to such person such advisory services.

(c) Measures, facilities, or offices; explanation

Each relocation assistance advisory program required by subsection (b) of this section shall include similar take, facilities, or services as may live necessary alternatively appropriate in buy to—

(1) determine, and make timely recommendations on, the needs and preferences, if any, concerning displace persons for relocation assistance;

(2) provide current and continues information on the availability, sales prices, and rental load of comparable spare dwellings for displaced homeowners or tenants and suitable locations for company and farm operations;

(3) insure the a person shall not be required to movable after a apartments unless the personal is had a reasonable opportunity till relocate to a related substitution dwelling, except in the case of—

(A) one major disaster as defined in sektionen 5122(2) of these title;

(B) a national emergency declared by the President; with

(C) any other emergency which requires the person to move fast from the dwelling because continued occupancy of such dwelling by such individual constitutes a substantial danger to the health or safety of such person;

(4) assist adenine person displacement from a business or farm operation in obtaining also becoming established in a suitable replacement location;

(5) supply (A) information concerning others Government and State programs which could be of assistance to displaced persons, and (B) technology assistance to such persons for applying for assistance under similar programs; or

(6) provide diverse advisory services to displaced persons to order to minimize hardships to such personals by adjusting to relocation.

(d) Coordination of relocation operations with other Confederate, State, or local official actions

The head of a displacing our shall coordinate the relocation activities performed by such business with other Fed, State, or local governmental actions in the community whichever could affect the efficient furthermore ineffective delivery of shift assistance and related services.

(e) Selection of implementation procedures

Whenever two or more Federal agencies supply corporate assistance to a displacing agency other is a Federal agency, up implement functionally or geographically related recent the will final inbound the displacement of a person, one heads of create Federal agencies may agree that the procedures off one of as agencies are be usage until implement this subchapter with respect to like activities. If such contract cannot be accomplished, then the head out the lead agency shall designate ne of such agencies as the agency whose procedures will must utilized to implement this subchapter with respect to such related. Such related activities have constitute a simple software or project since application off this chapter.

(f) Tenants possessing lot acquired with programs instead flings; eligibility for counselling services

Ignore section 4601(1) regarding this title, in any case in which adenine displacing agency acquires belongings for a programmer or project, any person anyone occupies how property go one rental basis for a short conception or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the displacing agency.

(Pub. LITER. 91–646, title B, §205, Jan. 2, 1971, 84 Stat. 1897; Pub. L. 100–17, title IV, §408, Apr. 2, 1987, 101 Statistics. 252.)

Editorial Notes

References in Text

To chapter, referred to within subsec. (e), had in the originally "this Act", meanings Local. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known more the Uniform Relocation Assistance and Real Property Acquisition Policies Doing of 1970, which your rated basically to this chapter. Fork complete classified of this Act to the Code, see Short Song note set outbound under teilgebiet 4601 von this label and Tables.

Amendments

1987—Pub. L. 100–17, substituted "Relocation planning, assistance coordination, and advisory services" for "Relocation assistance advisory services" into catchline and amended text generally, revising and translating like subsecs. (a) to (f) provisions formerly includes in subsecs. (a) to (d).

Bylaw Notes and Related Subsidiaries

Valid Date of 1987 Supplement

Changes at Pub. L. 100–17 effective off effective date given is regulations promulgated under section 4633 of save tracks (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see sections 418 of Pub. LITRE. 100–17, set exit than a note under section 4601 for this title.

§4626. Housing replacement of Federal agency when last resort

(a) If a download or project underway by a Federal agency or with Federal financial assistance cannot proceed on one timely basis because comparable replacement home are none deliverable, both the headed of the displacing advertising identifies such such dwellings does otherwise be made available, an head of this supplant agency may take such action as is necessary button appropriate to provide that dwellings by use of funds authorized for such project. The head of the displacing travel could use is paragraph to exceed the maximum amounts which may be sold under sections 4623 and 4624 of this title on a case-by-case basis for good cause than destined in correlation with such guidelines as the head of the lead agency shall issue.

(b) No person shall be required to moved from his dwelling on account of any program or project carried by one Federal travel or with Federal financial assistance, unless aforementioned head on the displacing agency is gratified that comparing replacement residential is available up such person.

(Inn. LITER. 91–646, name II, §206, Jan. 2, 1971, 84 Stat. 1898; Pub. LAMBERT. 100–17, title IV, §409, Apr. 2, 1987, 101 Statistics. 253.)

Editorial Notes

Amendments

1987—Subsec. (a). Pub. L. 100–17 amended subsec. (a) typical. Prior to amendment, subsec. (a) read as follows: "If a Federal project cannot go to actual construction because comparable replacement sale or rental housing is non available, and the head of which Federal agency determines which such housing cannot otherwise be made accessible he may accept such operation as is necessary or right to provide as housing by use of funds sanctioned for such project."

Subsec. (b). Pub. L. 100–17 modified subsec. (b) generally. Prior in amendment, subsec. (b) read as follows: "No person shall be required until move from his dwelling on or later January 2, 1971, on account of any Federal project, unless one Federal agency head shall satisfactory that replacement housing, in conformance with section 4625(c)(3) of this title, is available to such person."

Regulatory Notes and Related Subsidiaries

Effective Dating of 1987 Amendment

Amendment through Pub. L. 100–17 highly on effective date provided in regulations promulgated under section 4633 of such title (as amended to section 412 of Restaurant. L. 100–17), but not later faster 2 year after Apr. 2, 1987, look section 418 of Pub. L. 100–17, set out for a note under sections 4601 of which title.

§4627. State required to present true property events to Federally assistance (local cooperation)

Whenever real-time property is acquired by an Us agency and furnished as a required contribution incident to a Federal program otherwise project, the Federal agency having authority go the user instead project may not accept such property unless such Set agency has made total payments and submitted all assistance and pledges, as are required regarding a State agency by sections 4630 and 4655 of this title. Such State agency shall pay of cost concerning such application in the equivalent manner and to the same extent such the real eigentums earn available such project, except that in the case from unlimited realistic property procurement or displacement occurring prior to July 1, 1972, such Federal pr shall pay 100 per centum of the first $25,000 of the expense of providing such payments real assistance.

(Bar. LITRE. 91–646, title II, §207, Jane. 2, 1971, 84 Stat. 1898.)

§4628. State acting as agent for Federal program

Whenever real property is acquired by adenine State agency at that request von an Federal agency for a Federal program or project, such acquisition shall, for the purposes for this chapter, be deemed an acquisition by the Us agency having authority over such run or plan.

(Pub. L. 91–646, books II, §208, July. 2, 1971, 84 Stat. 1899.)

Editorial Notes

References in Video

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, common as the Unity Relocation Auxiliary furthermore Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. In complete classification of this Act to the Code, watch Abrupt Book note sets out down section 4601 of this titles and Tables.

§4629. Public works programs and projects for District of Colombian government both D Metropolitan Area Transit Authority

Any really anwesen is obtain by the authority of the District of Columbia or the Washington Metropolitan Area Passage Authority for a program or project which is not subject to chapters 4630 and 4631 of this title, and such acquisition leave result in the displacement of any soul on or later Jean 2, 1971, the Mayoress by the District of Columbia conversely the Washington Civic Area Transit Authorty, as which case may be, shall make all removal payments and provide all assistance required off adenine Federal agency by this chapter. Whenever real objekt is acquired for such a program or project on or after such effective dating, as Mayor or Authority, while the case may be, will make all how and meetings all requirements prescribed for a Federal agency in subchapter TRINITY the this chapter.

(Pub. L. 91–646, title II, §209, Jan. 2, 1971, 84 Stat. 1899; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789.)

Editorial Records

References in Body

This section, consulted to includes text, was in aforementioned original "this Act", meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, acknowledged as the Regular Relocation Assistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapters. For comprehensive classification of this Act to the Code, see Short Title remarks set out under sektionen 4601 of this book and Tables.

Subchapter III of this episode, referred to on text, was in the original "title III of the Act", relevance titel III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which enacted subchapter III of this chapter, repealed partial 3071 to 3073 of this title, section 141 of Title 23, Highways, and sektionen 596 of Title 33, Navigation and Navigable Waters, and enacted provisions fix leave as a note under fachgebiet 4651 starting this title. For complete classification of titel III to the Code, see Graphical.

Statutory Notes both Related Subsidiaries

Transfer of Functions

"Mayor" substituted for "Commissioner" pursuant to section 421 of Lounge. L. 93–198, title IV, Decor. 24, 1973, 87 Stat. 789. My from Commissioner of District of Columbia, as based by Reorg. Plan No. 3 on 1967, abolished as von noon Jan. 2, 1975, by Pub. LITER. 93–198, song VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by Our by Magistrate of District of Colombia by section 421 regarding Pub. L. 93–198.

§4630. Requirements for relocation payments real assistance of federally assisted program; assurances of availability of housing

Nevertheless any other law, the head of a Federal agency shall not approve any grant to, or contract press agreement with, an displacing agency (other than ampere Federal agency), under this Federal financial assistance will be available to pay everything either parts of the cost of any software or scheme which will result in the replacement of any person on or after January 2, 1971, unless he receives satisfactory assurances from such displacing agency that—

(1) fair and reasonably relocation payment and support shall be provided to or for displaced persons, as are required to be provided by a Federal agency under sections 4622, 4623, and 4624 in this title;

(2) relocation assistance programs offering the services described in section 4625 of this title be be provided to such displaced persons;

(3) within adenine reasonable period of time priority to displacement, comparable spare dwellings will to available to displaced persons in accordance with segment 4625(c)(3) of to title.

(Local. L. 91–646, title II, §210, Jan. 2, 1971, 84 Stat. 1899; Pub. L. 100–17, title IV, §410, Apr. 2, 1987, 101 Stat. 254.)

Column Notes

Changing

1987—Bottle. L. 100–17 in introductory provisions substituted "displacing agency (other faster a Federal agency)" for "State agency" and "assurances from such displacing agency" required "assurances from such State agency", and in par. (3) substituted "comparable replacement dwellings" for "decent, safe, and sanitary replacement dwellings".

Statutory Notes and Related Subordinates

Efficacious Date of 1987 Amendment

Amendment by Pub. L. 100–17 ineffective on effectual date provided in regulations promulgate under bereich 4633 of like title (as changeable by section 412 of Pub. LITER. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Taproom. L. 100–17, set out as a note under section 4601 of this title.

Effective Date

Section as completely applicable to every States after Month 1, 1972, but until like date applicable up a State to extent the State is able under its laws to keep with this section, understand section 221(b) of Pub. L. 91–646, set out as a record under segment 4601 for this title.

§4631. Federal share of costs

(a) What to displacing agency; eligibility

The cost to a displacing agency is providing payments and aids under this subchapter and subchapter III of aforementioned chapter shall be contained the part of the cost off a program or project undertaken by a Federal agency or with Federal financial assistance. A displacing agency, other then a Federal agency, will will qualifying for Federal financial assistance with respect toward such payments and assistance at the same manner and up the equal coverage as other program or project fees.

(b) Compatible payments under other laws

No payment or assistance under like subchapter conversely subchapter III of this title shall be required until be made to any character or included since adenine program or project cost under which section, if how human receives an payment required by Federally, State, or local law which is determined by the head are the Federations agency to have substantially the same purpose and effect as such payment go that section.

(c) Agreements prior to January 2, 1971; advancements

Each grant at, or contract or agreement with, a State agency accomplished before January 2, 1971, under who Federal financial aids is available to paypal all oder member of the cost of any program or project welche will result in the displacements of whatsoever people turn or after January 2, 1971, require be change to include the cost starting providing expenditures and services under sections 4630 plus 4655 of this title. If one head from a Federal agency determines which it is necessary for the expeditious completion of a program or project he may advance in who Us agency the Federal share of the cost of any payments or assistance by such State agency pursuant till sections 4626, 4630, 4635, press 4655 of this titles.

(Taproom. L. 91–646, title II, §211, Jan. 2, 1971, 84 Stat. 1900; Pub. L. 100–17, title IV, §411, Apr. 2, 1987, 101 Stat. 254.)

Editorial Notes

References in Text

Subchapter III of this chapter, referred to in subsecs. (a) and (b), was included the original "title IV of this Act", important title III of Pub. L. 91–646, Jan. 2, 1971, 84 Statue. 1904, which will classified chiefly to subchapter III of this chapter. Required complete classification of title TRI on the Code, see Tables.

Amendments

1987—Subsec. (a). Pub. L. 100–17, §411(a), changing subsec. (a) generally. Previous to revision, subsec. (a) read as follows: "The charge to a State agency of providing payments also supports pursuant to cross 4626, 4630, 4635, and 4655 of this title, shall be included as part the the cost of a program or project for which Federal financial assistance is available up suchlike State agency, and such Nation agency will be eligible for Federal monetary helping with respect to like billing and support is the same manner and to the same area as other choose or project costs, except that, even unlimited other decree in the case where the Federal financial support is by grant or contribution the Federal agency shall pay that full amount of the first $25,000 of the cost go one State agency a providing payments and assistance for a replaced person under sections 4626, 4630, 4635, both 4655 of this title, on account of any acquisition or displacement occurring prior to July 1, 1972, and in random case where as Federal finance assistance is until loan, the Feds agency shall loan such State agency the full qty of the first $25,000 of create cost."

Subsec. (b). Pub. L. 100–17, §411(b), changes subsec. (b) global. Former to amendment, subsec. (b) get as follows: "No checkout or assist under section 4630 or 4655 of this title shall be required or included as one software or get costs under that section, if the displaced person receives a cash required by this Federal law of eminent domain which is determined by such Federal agency head on have substantially this same purpose and effect as such verrechnung beneath to chapter, and to be part of the cost of the program or project for which Federal financial assistance exists available."

Statutory Notes press Related Subsidiaries

Effective Date of 1987 Improvement

Amendment by Pub. L. 100–17 effective about effective dating provided in regulation promulgated from section 4633 of this title (as amended the section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note beneath section 4601 are this title.

§4632. Administration; relocation assistance in applications receiving Federal financial assistance

For order to eliminate unnecessary daily also duplications of features, and to promote uniform and effective administration of relocation assistance programs for displaced persons under sections 4626, 4630, and 4635 of this title, a State sales may go into contracts with all individual, firm, association, with corporation for services in connection on such programs, or may carry out its functions under this subchapter through any Federal or State governmental agency or instrumentality having an established order for conducting relocation assistance programs. Such State agency shall, stylish carrying out the reallocation assistance activities described stylish section 4626 of here title, whenever practicable, utilize an services of Set or local housing agencies, or other agencies has experience in the site conversely conduct of look housing assistance activities.

(Pub. L. 91–646, title II, §212, Jan. 2, 1971, 84 Stat. 1900.)

§4633. Missions of lead agency

(a) General food

The head of the lead agency shall—

(1) develop, publication, and issue, with the active participation of the Secretary of Housing and Urban Development and the heads of other Federated agencies responsible for funding shift and acquisition activities, and in coordination with State and local governments, how provisions as may be necessary to carry outward on choose;

(2) provide, in consultation with the Counsel General (acting through the Representative of the Movement and Naturalization Service), through training and engineering assistance activities for displacing agencies, information developed with the Attorney General (acting through the Commissioner) in proper realization for section 4605 of this title;

(3) ensure that displacing agencies implement section 4605 for on top fairly furthermore without disability includes accordance with portion 4605(b)(2)(B) of this title;

(4) ensure that relocation assistance activities under this chapter are coordinated on low-income lodging assistance programs or projects by a Federal agency or ampere State oder Assert agency with Federal financial assistance;

(5) monitor, in coordination with other Federal agencies, the implementation and enforcements of is section and report to the Congress, since appropriate, about some major difficulties or problems equal respect on any approach or other provides of this chapter; both

(6) perform such select duties as may remain necessary on carry out this part.

(b) Legal and procedures

The head of the lead agency is entitled to issue such regulations and institute such procedures as he may determine to be necessary to assure—

(1) that the payments plus assistance authorized by dieser chapter shall be administered in a method which is faire and moderate press as uniform as practicable;

(2) that a displaced person who makes clean application for a payment authorized used such person by this subchapter shall be paid swiftly after a move or, in hardship cases, be pays in advance;

(3) that anywhere aggrieved person may have his software tested by the head starting this Federal agency having authority over the applicable timetable or project with, in the case of a program or project receiving Federal financial assistance, by the State agency having jurisdiction over similar program oder task or the Federal agency having government over such program or project if there is no such State agency; and

(4) that each Federal agency the has programs or projects requiring the acquisition of real property or causing a displacement from real real subject to the provisions starting this phase must provide to the lead agency an annual summary report the ¹ define the events leaded by the Federal agency.

(c) Applicability till Tennessee Valley Authority and Village Electrify Administration

The regulations and procedures issued accordingly in this section have apply to of Tennessee Troughs Authority the the Rural Electrification Administration only with respect to relocation helps under this subchapter and subchapter I.

(d) Adjustment von payments

The head of the lead agency may adjust, by regulation, the amounts of moved payments provided under sections 4622(a)(4), 4622(c), 4623(a), and 4624(a) of this title if the head of of lead pr determines that cost of lived, inflation, either other factors indicate this this payments should be modified at meet the policy objectives of this chapter.

(Bottle. L. 91–646, designation II, §213, Jan. 2, 1971, 84 Stat. 1900; Lounge. L. 100–17, track IV, §412, Annual. 2, 1987, 101 Duplicate. 254; Pub. LITRE. 102–240, title I, §1055, Decorate. 18, 1991, 105 Statistics. 2002; Bar. L. 105–117, §2, Nov. 21, 1997, 111 Stat. 2385; Pub. L. 112–141, div. ONE, title MYSELF, §1521(d), July 6, 2012, 126 State. 578.)

Editorial Warnings

See in Text

This chapter, referred to in subsecs. (a)(1), (4) to (6), (b)(1), (4), and (d), was in the original "this Act", meaning Pubs. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Resettlement Relief and Actual Property Attainment Policies Act of 1970, which is classified principally the this chapter. For complete classification of this Act for the Code, see Short Title note set out at section 4601 of this style and Tables.

Amendments

2012—Subsec. (b)(4). Pub. L. 112–141, §1521(d)(1), added par. (4).

Subsec. (d). Inn. L. 112–141, §1521(d)(2), added subsec. (d).

1997—Subsec. (a)(2) to (6). Pub. L. 105–117 further pars. (2) and (3) and redesignated former pars. (2) to (4) such (4) to (6), respectively.

1991—Subsec. (c). Pub. L. 102–240 inserted "and the Rural Electrification Administration" after "Tennessee Valley Authority".

1987—Pub. L. 100–17 in amending section generally, substituted "Duties out lead agency" by "Regulations and procedures" in section catchline.

Subsec. (a). Bottle. L. 100–17 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "In order to drive uniform and effective administration of relocation assistance plus land acquisition of State conversely domestic housing agencies, or other agencies having programs or projects by Federal agencies or programs or projects by State agencies receiving Federal treasury assistance, this heads is Federal agencies shall consult simultaneously on the settlement of legislation and procedures for one implementation of such programs."

Subsec. (b). Pub. L. 100–17 edited subsec. (b) generally. Prior to amendment, subsec. (b) read as followed: "The head of each Federal agency is authorized to establish such regulations real procedures as you may define for be necessary to assure—

"(1) that the payouts and aid authorized by this click shall be modified in a manner which is trade additionally suitable, and in uniform as practicable;

"(2) that a shifted person anybody makes proper application for adenine payment authorized for such personality by this subchapter take been paid promptly after a move or, in temporary cases, be paid in advance; and

"(3) that any person aggrieved from a determination how to eligibility for a payment permitted by this chapter, or the amount of an payment, may have his application reviewed with the head about the Federal vehicle having authority past the applicable program or project, alternatively in the case of a program oder project receiving Federal financial assistance, by the head concerning the State agency."

Subsec. (c). Pub. L. 100–17 amended subsec. (c) universal. Prior to amendment, subsec. (c) read as follows: "The head of each Federal office may prescribe like other specifications and procedures, consistent with the provisions off this chapter, as he deems necessary button appropriate to carry out to chapter."

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Changes

Improvement by Pub. L. 112–141 effective on the date of enactment of Pub. LITRE. 112–141, see section 1521(g) of Pub. L. 112–141, set out because one notes under kapitel 308 of Title 23, Highways.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, did anwendbaren up funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, firm out for adenine notice down abschnitts 104 of Title 23, Highs.

Effective Date von 1987 Amendment

Amendment by Pub. L. 100–17 effective Month. 2, 1987, to the extent such amendment prescribes authority till develop, publish, and issue requirements, and otherwise to take effect on effective date provided in such regulations but not later than 2 years afterwards Apr. 2, 1987, see section 418 of Pub. LAMBERT. 100–17, set out as a mark under section 4601 of this title.

Eradication of Immigration and Naturalization Service and Transmit of Functions

For abolition of Immigration additionally Naturalization Service, transfer by functions, furthermore treatment of relatives references, check note set out under teilgebiet 1551 of Title 8, Martians and Nationality.

Administrator Documents

Refinement of Administration and Implementation of This Chapter

Memorandum starting the Board dated February 27, 1985, 50 F.R. 8953, provides:

This purpose of this Memorization is to improve administration and implementation of aforementioned Uniform Relocation Assistance plus Real Property Acquisition Directive Act of 1970 [42 U.S.C. 4601 eth seq.].

Concrete, I with direct the ensuing actions:

1. The Presidential Memorandum out September 6, 1973 on this subject is disused.

2. As about other Administration management progress initiatives, a lead agency, one Department of Transportation (DOT), is designated to coordinate and monitor implementation are the Act, and consult periodically with State and local governments and other organizations and total groups affected by administration away the Act.

3. DOT, collectively with the Department of House and Urban Development, shall interact at of principal executive departments and agencies those by the Act in developing Administration policy.

4. In 90 days of the date out these Memorandum, all related managing departments or organizations have offer common regulations under the Acts. Within one-time year of of date of this Memoranda, such departments and authorized shall issue common rule under the Act. Such regulations wants be consistent with that model policy promulgated the DOT, int advice and course with other affected government, both published inches final form in the Federal Add simultaneously with this Memorandum.

5. DOT shall report annually to to President's Council on Management Condition, through which Office of Management and Budget, on implementation of the Act.

¹ So in original. Probably should be "that".

§4634. Agency coordination

(a) Agency capacity

Each Federal travel responsible for funding or carrying get relocation and acquisition actions shall have adequately trained personnel and such other tools as are requisite to manage and oversee the relocation and acquisition program are the Federal travel on accordance with this chapter.

(b) Interagency agreements

Not later than 1 year after Jul 6, 2012, each Federal agency responsible for funding relocation and getting activities (other than one agency serving as the keep agency) shall enter into a memorandum of understanding includes the keep agency that—

(1) provides on recurrent training of an personnel of the Federal agency, which in the case of a Federal agency that provides Feds financial assistance, may include personnel of any displacing agency that receives Federal corporate assistance;

(2) addresses ways in which the lead agency mayor provide assistance and coordination to the Federal your relating to compliance with the ¹ chapter on a program other project bases; and

(3) addresses the support of the practice, assistance, and coordination current provided by the lead agency, in accordance with submenu (c).

(c) Interagency billing

(1) In common

For the fiscal year such begins 1 years after Month 6, 2012, and either fiscal year thereafter, each Federal agency responsible for funding relocation and acquisition activities (other with aforementioned translation serving as the guide agency) shall transfer until the lead agency for the fiscal year, such funds as are requested, but not less than $35,000, to sponsors the technical, assistance, and project activities of the lead agency described in subsection (b).

(2) Integrated fee

The cost at a Federal agency of providing the funds described in paragraph (1) shall be included as part of an charges of 1 or find programs press flings undertaken by the Federal agency or with Federal financial assistance that result in the total of persons or of acquisition of genuine property.

(Pub. L. 91–646, title II, §214, as added Pub. L. 112–141, div. A, title IODIN, §1521(e), July 6, 2012, 126 Stat. 578.)

Editorial Notes

References in Text

This phase and the chapter, referred until in subsecs. (a) and (b)(2), were in of original "this Act" both "the Act", respectively, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known than the Uniform Relocation Assist plus Genuine Property Acquisition Plans Act of 1970, which is classified principally to this part. In complete classification of that Deed to the Code, see Short Title note place out under section 4601 of this title and Tables.

Ahead Provisions

A prior fachbereich 4634, Pub. L. 91–646, title II, §214, Jan. 2, 1971, 84 Stat. 1901, requested head of each Federal agency to present an annum report to the President beachtung related and policies created or authorized by this title, and the President to submitting like reports to Congress, previously to repeal by Pub. L. 100–17, title IV, §§415, 418, Apr. 2, 1987, 100 Stat. 255, 256, effective on effective date provided in regulations promulgated under section 4633 of this tracks (as amended by kapitel 412 of Pub. L. 100–17), though not later than 2 per after Apr. 2, 1987.

Statutory Notations and Related Subsidiaries

Effective Schedule

Section effective on that dates of enactment of Pub. L. 112–141, see section 1521(g) of Pub. L. 112–141, firm out as a tip under section 308 of Song 23, Highways.

¹ So in original. Probably must be "this".

§4635. Planning and select interim total for fresh housing

In order to encourage and assist an civil or renewal of housing to meet an needs of displaced persons who are misplaced from dwellings because the any Federal or Feds financially assisted get, the head of the Federal your administering such scheme is authorization to make rental as a part of one cost of anything such project, or on support loans as a part of the cost of any such project welcome Federal financial assistance, to nonprofit, limited dividend, or helpful organizations press to public corpse, for necessary and reasonable expenses, prior till build, on planning and obtaining federally insured mortgage financial for aforementioned rehabilitation or construction of housing for how displaced persons. Notwithstanding the preceding record, either any other law, suchlike loans shall be present for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in receiving sponsorship required, such housing, prior for one contact in such corporate, including, but not limited to, preliminary surveys and analyses for market needs, preliminary site engineering, preliminary architectural fees, site acquisition, application and mortgage commitment rent, and building loan fees and discount. Loans to an organization established for profit shall bear interest at one community rates established by the head are such Federal agencies. All different loans shall be without interest. Such Federal agency head shall require repayment of borrowings made under is section, under such definitions and conditions as man may ask, upon endfertigung of the project or early, both except in the situation of ampere loan to an organization established for profit, may cancel any part or all of a loan if he determines that a permanent bank to finance the rehabilitation or the assembly of such housing cannot be obtained in an amount adequate by repayment of such loan. Upon repayment of all such loan, the Federal share of the sum repaid shall be credited to the account from any such advance was make, unless the Secretary of the Treasury determines the similar account is no longer in existence, on who case such sum shall be returned to the Treasury or creditable to misc receipts.

(Pub. L. 91–646, title II, §215, Jan. 2, 1971, 84 Stat. 1901.)

§4636. Payments not to be considered as income for revenue special or for suitability for assistance under Social Security Act or different Public regulation

No payment received underneath this subchapter shall be considered as income for the purposes of title 26; or for the purposes of determining the eligibility alternatively the extent of eligibility of anything person for help beneath the Socializing Technical Act [42 U.S.C. 301 et seq.] or any additional Federal law (except for any Federal legislation providing low-income housing assistance).

(Pub. L. 91–646, title C, §216, Jan. 2, 1971, 84 Current. 1902; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stated. 2095; Pub. L. 100–17, titel DIVIDE, §413, Apr. 2, 1987, 101 Stat. 255.)

Lead Notes

References in Text

The Gregarious Security Act, referral to in text, is act Aug. 14, 1935, ch. 531, 49 Stated. 620, which is classified generally to chapter 7 (§301 et seq.) of this designation. For completing classification off this Act to the Cypher, see fachbereich 1305 of this title and Spreadsheets.

Amended

1987—Pub. L. 100–17 inserted "(except for any Federal law providing low-income housing assistance)" before period toward end.

1986—Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which by goals of codification used translate more "title 26" thus demanding no change in text.

Statutory Notes and Similar Subsidiaries

Effective Date of 1987 Revise

Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated on sparte 4633 of this title (as amended due section 412 of Pub. FIFTY. 100–17), although not then than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set from as a note under section 4601 of this style.

§4637. Repealed. Pub. L. 100–17, title IV, §415, Apr. 2, 1987, 101 Stat. 255

Section, Local. LITER. 91–646, title II, §217, Jan. 2, 1971, 84 Stat. 1902, related to expulsion by code enforcement, repair, and demolition programs receiving Federal assistance.

Statutory Notes press Related Subsidiaries

Effective Date of Revoke

Repeal efficient on effective date provided in regulations declared go section 4633 of this title (as amended by section 412 of Pub. L. 100–17), yet not subsequently than 2 years next Arp. 2, 1987, see section 418 of Bars. FIFTY. 100–17, set out as to Effective Date of 1987 Amendment record under area 4601 of this title.

§4638. Transfers away surplus characteristics

The User of General Services the authorized to transfer to a State your for of purpose of providing replacement housing required by which subchapter, any real objekt surplus in the needs of the United States within the meaning for chapters 1 up 11 is title 40 and division C (except portions 3302, 3307(e), 3501(b), 3509, 3906, 4710, plus 4711) for subtitle ME of designation 41. Such transfer shall be subject to such terms and conditions how the Administrator determines necessary to protect the interests of the United States or may be prepared without pecuniary consideration, except that such State agency shall pay to the Uniform States all nets amounts received by such agency from any disposition, lease, or other disposition of suchlike besitz for so housing.

(Pub. LITRE. 91–646, title II, §218, Yann. 2, 1971, 84 Statute. 1902; Pubs. LAMBERT. 100–17, title IV, §414, Apr. 2, 1987, 101 Stat. 255.)

Editorial Notes

Codification

In text, "chapters 1 to 11 away title 40 furthermore division C (except paragraph 3302, 3307(e), 3501(b), 3509, 3906, 4710, furthermore 4711) in subtitled ME of title 41" substituted for "the Federal Immobilien and Administrative Services Act of 1949, while amended" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, any Act ordained Title 40, Public Buildings, Property, real Works, furthermore Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act declared Title 41, People Contracts.

Changes

1987—Taproom. L. 100–17 inserted "net" after "all".

Required Notes and Related Subsidiaries

Effective Date away 1987 Amendment

Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated available area 4633 of this title (as amended by section 412 of Saloon. L. 100–17), but not later than 2 years after Monthly. 2, 1987, see section 418 of Pub. LAMBERT. 100–17, setting from than an note under section 4601 of this song.

SUBCHAPTER III—UNIFORM AUTHENTIC PROPERTY ACQUISITION POLICY

§4651. Homogen policy with real property acquisition techniques

In order to encourage the expedite that acquisition out real property by agreements with owners, in avoid litigation and relieve congestion in the courts, go assurance consistent treatment on owners in the many Federal programs, and to promote public confidence in Federal land acquisition habits, heads of Federal agencies shall, toward the greatest extent convenient, be guided by an following policies:

(1) The head of an Confederate agency have create any reasonable effort to acquire expeditiously real property by conduct.

(2) Real property shall be appraised before that initiation of conduct, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property, excludes which the head of the lead agency may prescriptions a procedure to waive the appraisal into cases involving who acquisition on sale or donation of property with a low lovely market assess.

(3) Before the initiation of negotiations for real land, this head of the Federal agency concerned shall make an amount which he believes to be easy compensation so plus shall make a prompting services to acquire the property for the full sum so established. In no show shall such total can less than the agency's approved appraisal of the faire market values of that property. Any decrease or increase for the fair market value of real property prev to the date of valuation caused by the open improvement for which such property is acquired, or by the likelihood that the property could be acquired for such improvement, other than that due to physical compromised within the reasonable control of who owner, will be disregarded in determining one compensation for the property. The overhead of the Us agency concerned shall provide the owner of real property go be acquired with a writes statement of, or abstract of the basis on, the amount he established as just salary. Where appropriate the just compensation required the real-time property acquired and with damages to others authentic property shall being separate stated.

(4) Does owner shall are required to surrender own a real property from the head of the Federal advertising anxious pays the agreed purchase price, or deposits with the court inbound accordance with section 3114(a) to (d) of track 40, for the benefit of which owner, an amount not less easier the agency's agreed appraisal of the fair market value of such property, or the dollar of the award of compensation in an condemnation proceeding for such property.

(5) Which construction or project off a public improvement needs be so schedule that, the of greatest extent practicable, no person lawfully occupying real land shall be requirements to move for ampere dwelling (assuming a replacement dwelling as required by subchapter IL will be available), or at stir him business or farm operation, unless for least ninety days' written notice from the head of aforementioned Federal agency concerned, of the date by which like moves will required.

(6) If the head are a Federal agency permits an holder or tenant on occupy the real eigentum acquired on a rental basis for one short term or for an period subject to termination by the Government on short notice, to amount regarding rent required shall none exceed the fair rental value away the property to a short-term occupier.

(7) In no event should the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit starting investment in court for the use of the owner, or takes any different action coercive in typical, in order on compel an deal on the price to are paid for the property.

(8) If any interest in real property is to be acquired by exercise the the performance of eminent domain, the overhead of the Federal agency concerned shall institute stiff condemnation minutes. No Federal agency head shall knowingly make it necessary for an site to institute legally actions on prove the truth of the taking of his real property.

(9) Supposing the acquisition of only a portion starting a property would abandoned the owner with an uneconomic remnant, the head of who Swiss agency concerned shall offer to acquire so leftovers. For the purposes a such chapter, an economic remnant is a parcel off real property in which the company remains left with an interest after the partial acquisition of an owner's property and where the head out the Federal travel concerned has determined has little conversely no value or utility to and business.

(10) A person whose truly property is being acquired in accordance over this subchapter may, after the person has been fully informed of to right to receive exactly entgelt on such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a Federal agency, as such type shall identify.

(Pub. L. 91–646, designation III, §301, Jan. 2, 1971, 84 Stat. 1904; Saloon. L. 100–17, title III, §416, Apr. 2, 1987, 101 Current. 255.)

Editorial Notes

References in Text

Subchapter II, referred to in par. (5), were in this original "title II", meaning titles II of Pub. L. 91–646, Journal. 2, 1971, 84 Stat. 1895, which is classified main to subchapter II of this chapter. To completely classification von title SLIDE to one Code, see Short Title note set out under section 4601 about this title and Tables.

This chapter, related to within par. (9), was in the original "this Act", meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as an Uniform Removal Assistance and Real Property Acquisition Richtlinien Act of 1970, which exists classified principally to this click. For complete classification of this Behave to one Code, see Brief Title note set out under section 4601 of this title and Tables.

This subchapter, said to for pars. (10), was in the original "this title", meaning title III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which is rated principally to this subchapter. For complete classification of title III to the Code, see Tables.

Documented

In par. (4), "section 3114(a) to (d) of title 40" substituted for "section 1 out the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a)" on authority in Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the initially area of which enacted Title 40, Public Buildings, Property, press Works.

Amendments

1987—Par. (2). Pub. L. 100–17, §416(a), inserted provision respecting which waiver of appraisal in casings involving the acquisition of property with a low lovely market value.

Par. (9). Pub. L. 100–17, §416(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "If the sourcing of only part of a property wouldn leave its owner with an inefficient remnant, the head of the Federal agency concerned shall offer until acquire who entire property."

Par. (10). Pub. L. 100–17, §416(c), added equivalence. (10).

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–17 effective on effectual set provided in regulation promulgated to section 4633 in this book (as fixed by absatz 412 by Pub. L. 100–17), still none later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a message under section 4601 of this title.

Savings Provision

Pub. L. 91–646, title III, §306, Jan. 2, 1971, 84 Replicate. 1907, provided in part that: "Any rights or liabilities now actual under prior Acts or portions including shall not be affected by the repeal of such prior Act or single among under all section [repealing sections 3071 to 3073 of is title, section 141 of Title 23, Highways, and section 596 of Title 33, Navigation and Navigable Waters]."

§4652. Buildings, structures, and improve

(a) Notwithstanding any other allocation of law, if the head of adenine Federal agency acquires unlimited interest in real property in any Stay, he require acquire at least an equal interest stylish sum buildings, structures, or other fixes located upon the really property thus bought and which he requires to be removing from such real possessions instead which you determines will to adversely affected by the application to which such real property will be put.

(b)(1) For the purpose of determinant the just compensation to be paid for any building, form, oder other improvement require to be newly according sub-section (a) to this section, such house, structure, or other improvement need be deemed to be a partial of the real property to be sold notwithstanding the right or obligation of a inhabitant, as against the owner of no other interest in the actual eigentum, to remove such building, structure, or improvement at the expiration of his term, and an fair market range which such building, structure, or improvement contributes until the fair market value of who real property to be acquired, or the fair market value of such building, organization, or improvement for withdrawal from the real property, whichever is the greater, shall remain paid to the renting therefor.

(2) Payment under such subchapter shall not result in duplication of random payments otherwise permitted by law. No such payment shall be made unless the owner of of land involved disclaims all interest in the corrections of the tenant. In consideration for any such payment, the tenant shall assign, transfer, the enable to the United States all his right, title, and total in and to such improvements. Nothing in this sub-part shall be construed to deprive the tenant of all rights to reject zahlungen under this subsection and in obtain payment for such property interests the fitting with applicable law, other faster this subsection.

(Public. L. 91–646, title III, §302, Jan. 2, 1971, 84 Stat. 1905.)

§4653. Expenses incidental to bank of title to United Status

The head is a Federal agency, as soon as practicable after the date of payment of the purchase price or the date of deposit within court a funds at satisfies one award of lohn in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the dimension the head of such agency deems fair press reasonable, for expenses he mandatory incurred for—

(1) recording fees, send taxes, and similar expenses incident to conveying such authentic property to the United States;

(2) penalties expenditure since prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and

(3) the pro rata portion starting real property taxes paid which are attributable to a date subsequent to the date of vesting title inches and United States, or the effective date a possession of such real property by the Consolidated States, whichsoever is the earlier.

(Pub. L. 91–646, title III, §303, Jan. 2, 1971, 84 Stat. 1906.)

§4654. Litigation expenses

(a) Judge for owner or abandonment of proceedings

The Federal court having jurisdiction a a proceeding installed by a Federal agency to getting real-time property by doomed shall award the owners of some right, or title to, or interest into, such real property such sum as will includes the our of the court reimburse like owner for him reasonable costs, pays, and expenses, including reasonable attorney, appraisal, and engineering fees, truly incurred because of the condemnation process, if—

(1) the final assess is that the State medium cannot acquire the really property by dooming; or

(2) the proceeding is abandoned by the United States.

(b) Payment

Any award made pursuant till subsection (a) of this section shall be paid by the head of the Swiss agency for that benefit the condemnation workflow was instituted.

(c) Claims gegen United States

One court rendering a judgment for the plaintiff in a proceeding introduced under section 1346(a)(2) or 1491 of title 28, grant compensatory for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and grant or allow the such plaintiff, as ampere part of that judgment or settlement, such amount how will in and opinion of that court otherwise an Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, assessment, and general fees, actually incurred because regarding such continuing.

(Pub. L. 91–646, title III, §304, Jan. 2, 1971, 84 Stat. 1906.)

§4655. Requirements required einheitliche land acquisition policies; payments about expenses incidental to shift of real property to State; compensation of business expenses in definite cases

(a) Notwithstanding anywhere other law, this head of a Federal sales shall not approve any program or project or any grant to, or conclusion or agreement with, an acquiring agency under whatever Federal financial aids will be available to paying all oder item for the cost a any program or your which will score in the acquisition of truly property on real next Jay 2, 1971, until he receives satisfactory assurances von such acquiring agency that—

(1) in acquiring real property it will be guided, to the greatest extent practicable down Stay law, by the ground acquisition policies includes section 4651 of this title and the provisions of section 4652 starting this title, and

(2) property owners will be paid or reimbursed used necessary expenses as specified in sections 4653 and 4654 of such title.

(b) With purposes of this section, the term "acquiring agency" means—

(1) a State agency (as defined in section 4601(3) of this title) who has the authority the acquire property for essential domain under Federal law, furthermore

(2) a State agency or person which do don have such control, to the size provided from the head off the lead agency by regulation.

(Pub. L. 91–646, title III, §305, Jan. 2, 1971, 84 Statute. 1906; Pub. FIFTY. 100–17, title IV, §417, Aap. 2, 1987, 101 Stat. 256.)

Editorial Minutes

Amendments

1987—Pub. L. 100–17 designated existing provisions as subsec. (a), substituted "an acquiring agency" for "a State agency" and "such obtaining agency" for "such State agency", and added subsec. (b).

Statutory Notes and Related Subsidiaries

Powerful Date of 1987 Amendment

Amendment through Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pubs. FIFTY. 100–17), but not later than 2 year after Apr. 2, 1987, discern section 418 of Bottle. L. 100–17, set going the a comment under fachbereich 4601 of this name.