Title 42 — The Public Health and WelfareRelease 119-73

§4652 Buildings, structures, and improvements

Title 42 › Chapter CHAPTER 61— - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subchapter SUBCHAPTER III— - UNIFORM REAL PROPERTY ACQUISITION POLICY › § 4652

Last updated Apr 6, 2026|Official source

Summary

When a federal agency gets an interest in land in a State, it must also get at least the same interest in any buildings, structures, or other improvements on that land if the agency needs them removed or if they will be harmed by how the land will be used. Those buildings or improvements count as part of the land when figuring payment. The tenant must be paid whichever is larger: the amount the improvement adds to the land’s market value or the value of removing it. Payments cannot be duplicated by other laws. No payment is made unless the landowner gives up any claim to the improvement. If paid, the tenant must transfer their rights to the United States, but the tenant may refuse this payment and seek other legal remedies.

Full Legal Text

Title 42, §4652

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

(a)Notwithstanding any other provision of law, if the head of a Federal agency acquires any interest in real property in any State, he shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which he requires to be removed from such real property or which he determines will be adversely affected by the use to which such real property will be put.

(b)(1)For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.

(2)Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the United States all his right, title, and interest in and to such improvements. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4652

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73