§4655 — Title 42 The Public Health and Welfare | U.S. Code

Summary

A federal agency head must not approve any program, grant, or contract that would use federal money to buy real property on or after January 2, 1971, unless the agency that will buy the land gives two promises. First, it will follow the federal land‑purchase rules in sections 4651 and 4652 as much as state law allows. Second, it will pay or reimburse owners for necessary expenses listed in sections 4653 and 4654. An "acquiring agency" means a state agency that can use eminent domain, and it can also mean other state agencies or people if the lead federal agency says so by regulation.

Title 42, §4655

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

(a)Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, an acquiring agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after January 2, 1971, unless he receives satisfactory assurances from such acquiring agency that—

(1)in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 4651 of this title and the provisions of section 4652 of this title, and

(2)property owners will be paid or reimbursed for necessary expenses as specified in section 4653 and 4654 of this title.

(b)For purposes of this section, the term “acquiring agency” means—

(1)a State agency (as defined in section 4601(3) of this title) which has the authority to acquire property by eminent domain under State law, and

(2)a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

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.

§4655 Requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to State; payment of litigation expenses in certain cases

Summary

Title 42, §4655

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Citations & Metadata