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Acquisition Under the Uniform Act

Learn how the Uniform Act impacts property acquisition in LCDBG projects, its procedures, waivers, and types of acquisitions not covered, ensuring compliance and avoiding costly mistakes.

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Acquisition Under the Uniform Act

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  1. Acquisition Under the Uniform Act • Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 • How is the Uniform Act Relevant to an LCDBG Project? • Like a blueprint • Establishes a set of required procedures for property acquisition • Could cost the local government time and money if not followed properly

  2. The Uniform Act covers acquisition of property. In the context of an LCDBG project, what does “property” refer to? • Parcels of Land • Servitudes (also temporary and easements) • Leases (Long-term: 15+ years, automatically renewable) • Rights of Way • Much of the Property that a state agency acquires for any activity funded in whole or in part with LCDBG funds is subject to the Uniform Act • …even future projects • A state agency includes a village, town, city, or parish which has the legal power to expropriate property

  3. * Notices, letters, and other documents regarding acquisition must be sent by certified or registered mail, return receipt requested, or hand-delivered with receipt documented

  4. Options in the Event of Failure • Decide Not to Acquire – p. 358 • Expropriation Procedure – p. 361 • What Must a Local Government Do If It Chooses Not to Acquire Property after Initiating Uniform Act Procedures? • Inform the property owners • A sample notice is provided as Exhibit C-5 (p. 396)

  5. Donations • Several Uniform Act steps are irrelevant • “Property and/or Servitude Acquisition Waiver” • Exhibit C-6, p. 397

  6. Five Types of Acquisition not Subject to the Uniform ActAs Listed in Grantee Handbook • Acquisition from another public agency • Temporary Construction Servitude/Easement (for purposes of rehab) • Short Term Leases (<15 years, not automatically renewable) • Voluntary Acquisition • Streets, public in nature by virtue of LRS 48:491, maintained by local governments for three years prior to LCDBG application submittal

  7. Examination of Voluntary Acquisition • Public Advertisement – owner responds and submits proposal for his/her property • Advertisement must state that if a mutually satisfactory agreement cannot be reached you will not buy or condemn the property for the same purpose • V.A. can be useful, but it’s not a way to circumvent the Uniform Act • Voluntary Acquisition Policy (Exhibit C-12, p. 424)

  8. Three types of documentation of ownership of property are acceptable. They are: • Attorney’s Opinion • A copy of the title of the property as recorded at the Parish Courthouse • Proof of maintenance of streets for at least three years under Louisiana Revised Statute 48:491 The End

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