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FEDERAL REQUIREMENTS FOR RIGHT OF WAY FHWA & The Uniform Act

FEDERAL REQUIREMENTS FOR RIGHT OF WAY FHWA & The Uniform Act. The Fifth Amendment. “…nor shall private property be taken for public use, without just compensation.” What is “ just compensation ”? . The Uniform Act. Public Law 91-646 (1/2/71) amended by Public Law 100-17 (STURAA 1987)

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FEDERAL REQUIREMENTS FOR RIGHT OF WAY FHWA & The Uniform Act

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  1. FEDERAL REQUIREMENTS FOR RIGHT OF WAYFHWA & The Uniform Act

  2. The Fifth Amendment “…nor shall private property be taken for public use, without just compensation.” What is “just compensation”?

  3. The Uniform Act • Public Law 91-646 (1/2/71) amended by Public Law 100-17 (STURAA 1987) • Title I – General (definitions, etc.) • Title II—Uniform Relocation Assistance • Title III—Uniform Real Property Acquisition Policy (including appraisal, just compensation)

  4. The Purpose of the URA • The historic purpose underlying the Uniform Relocation Act (URA) is: • For acquisition:  Treat owners fairly and consistently, encourage acquisition by agreement, minimize litigation, and promote confidence. • For displaced persons:  Treat individuals fairly, equitably, consistently, and do not cause disproportionate injury. • For agencies:  Act efficiently and in a cost-effective manner.

  5. Just Compensation “In no event shall such amount be less than the agency’s approvedappraisal of the fair market value of such property.”

  6. The Appraisal Process • Real property shall be appraised before initiation of negotiations. • Owner has a right to accompany the appraiser. • Appraisal must be approved by the agency. • Agency may waive the appraisal when property has low FMV.

  7. The Acquisition Process • Acquisition by negotiations • Appraisal and appraisal waiver • Ninety-day notice • Coercion • Uneconomic remnants • Right to donate property

  8. Improvements & Uneconomic Remnants • If the acquisition leaves the owner with an uneconomic remnant (little or no value or utility to owner), agency must offer to acquire. • Agency must acquire an equal interest in all buildings, structures, or other improvements which must be removed.

  9. Displaced Persons • Displaced person--any person who moves from real property or moves personal property from real property. Includes: • Residential tenants & owners • Businesses, farms, non-profit organizations • Personal property only

  10. Relocation Assistance • Moving expenses for personal property • Replacement housing payments for tenants & owners (residential) • Business reestablishment • Advisory assistance to all

  11. Federal Regulations • 49 CFR Part 24 – The Uniform Act implementing regulations; applies to all Fed agencies. • NOTE: 23 CFR Part 710 covers R/W program administration and applies to FHWA only.

  12. 49 CFR Part 24 Subpart A • Purpose • Definitions • General administrative requirements • Records and reports • Appeals

  13. 49 CFR Part 24 Subpart B • Criteria for appraisals • Appraisal review • Basic acquisition policies • Tenant-owned improvements • Incidental expenses • Donations

  14. 49 CFR Part 24 Subpart C • General relocation requirements • Relocation notices • Relocation planning • General payment claim requirements • Illegal aliens

  15. 49 CFR Part 24 Subpart D • Moving and related expenses: 1. Residential 2. Business, Farm, NPO 3. Personal Property Only

  16. 49 CFR Part 24 Subpart E • Replacement housing payments: • Owners • Tenants • Last resort housing

  17. 49 CFR Part 24 Subpart F • Mobile Homes: 1. Moving expenses 2. Replacement housing payments

  18. 49 CFR Part 24 Subpart G 1. State certification 2. Monitoring and corrective action

  19. Lead Agency Oversight • The Federal Highway Administration is the lead agency for URA compliance.

  20. Program Oversight • State shall assure “…that acquisitions and disposals are made in compliance with legal requirements of State and Federal laws & regulations.” • 710.201(b)

  21. Compliance • The State “is responsible for complying with current FHWA requirements, whether or not its manual reflects those requirements.” • 710.201(d) …AND

  22. The State is Responsible ... • “…for imposing sanctions in cases of material non-compliance.” • 710.201(h)

  23. Just Compensation • “…shall be approved by a responsible official of the acquiring agency.” • 710.201(j)

  24. Right of Way Certification Authorization to advertise can proceed when certain conditions, per 23 CFR 635.309 are met, including: “A statement is received from the State certifying that all individuals and families have been relocated or had housing made available …”; and, a Cert 1, 2, or 3 is completed.

  25. R/W Certifications 1 and 2 1. All R/W acquired, including legal and physical possession. All occupants moved. 2. Not all R/W acquired, but right to occupy and use obtained.

  26. R/W Certification 3 • Acquisition/right to use not complete, may be some occupants remaining. Per 23 CFR 635.309(c)(3): “The State may request authorization on this basis only in very unusual circumstances. This exception MUST NEVER BECOME THE RULE.”

  27. QUESTIONS? Where to get more information: • www.fhwa.dot.gov/realestate (Local agency in California, please contact your local Caltrans Right of Way for any further questions office at: http://www.dot.ca.gov/hq/row/localprog/index.htm)

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