§4651 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agency leaders must try to buy land quickly by negotiating with owners instead of going to court. They must have the property appraised before talks begin and let the owner join the appraiser, except the lead agency can skip the appraisal for low-value sales or donations. Before negotiations start, the agency must set a fair payment amount and make a prompt offer. That amount cannot be less than the agency’s approved appraisal of market value. Any change in value caused by the public project or the chance the land would be taken must be ignored, unless the owner caused the damage. The agency must give the owner a written statement explaining how it figured the amount, and separate values should be shown for land taken and damage to what remains. Owners cannot be forced to give up possession until they are paid or the agency deposits with the court at least the agency’s approved appraisal (or the condemnation award). People who must move from a home, business, or farm should get at least 90 days’ written notice, assuming a replacement home required by law will be available. Short-term rent-back must match fair short-term rent. Agencies must not use coercion, speed up condemnation, or delay deposits to force an agreement. If eminent domain is used, the agency must start formal condemnation proceedings and not make the owner sue to prove the taking. If a partial taking leaves an uneconomic remnant, the agency must offer to buy it. An owner may donate the property or any payment after being told about the right to fair payment.

Title 42, §4651

The Public Health and Welfare — Source: USLM XML via OLRC

In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies:

(1)The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation.

(2)Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property, except that the head of the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value.

(3)Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency’s approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.

(4)No owner shall be required to surrender possession of real property before the head of the Federal agency concerned pays the agreed purchase price, or deposits with the court in accordance with section 3114(a) to (d) of title 40, for the benefit of the owner, an amount not less than the agency’s approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property.

(5)The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by subchapter II will be available), or to move his business or farm operation, without at least ninety days’ written notice from the head of the Federal agency concerned, of the date by which such move is required.

(6)If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.

(7)In no event shall the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.

(8)If any interest in real property is to be acquired by exercise of the power of eminent domain, the head of the Federal agency concerned shall institute formal condemnation proceedings. No Federal agency head shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.

(9)If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire that remnant. For the purposes of this chapter, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner’s property and which the head of the Federal agency concerned has determined has little or no value or utility to the owner.

(10)A person whose real property is being acquired in accordance with this subchapter may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a Federal agency, as such person shall determine.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subchapter II, referred to in par. (5), was in the original “title II”, meaning title II of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1895, which is classified principally to subchapter II of this chapter. For complete classification of title II to the Code, see

Short Title

note set out under section 4601 of this title and Tables. This chapter, referred to in par. (9), was in the original “this Act”, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 4601 of this title and Tables. This subchapter, referred to in par. (10), was in the original “this title”, meaning title III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables. Codification In par. (4), “section 3114(a) to (d) of title 40” substituted for “section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

1987—Par. (2). Pub. L. 100–17, § 416(a), inserted provision respecting the waiver of appraisal in cases involving the acquisition of property with a low fair market value. Par. (9). Pub. L. 100–17, § 416(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire the entire property.” Par. (10). Pub. L. 100–17, § 416(c), added par. (10).

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–17 effective on

Effective Date

provided in

Regulations

promulgated under section 4633 of this title (as amended by 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 under section 4601 of this title.

Savings Provision

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

§4651 Uniform policy on real property acquisition practices

Summary

Title 42, §4651

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Savings Provision

Citations & Metadata