§4652 Buildings, Structures, and Improvements

Summary

When a federal agency head takes an interest in land, they must also take at least the same interest in any buildings, structures, or other improvements on that land if the agency needs them removed or if the agency’s planned use will harm them. For payment, those improvements are treated as part of the land even if a tenant could normally remove them. The tenant must be paid whichever is larger: the value the improvement adds to the land or the value of removing it. The payment cannot duplicate other lawful payments. The landowner must give up any claim to the tenant’s improvements before payment. In return the tenant must give the United States all rights in the improvements, but the tenant may refuse this payment and seek payment under other applicable law.