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)

Title I – General (definitions, etc.)

Title II—Uniform Relocation Assistance

Title III—Uniform Real Property Acquisition Policy (including appraisal, just compensation)

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.

Just Compensation

“In no event shall such amount be less than the agency’s approved appraisal of the fair market value of such property.”

The Appraisal Process

1. Real property shall be appraised before initiation of negotiations.

2. Owner has a right to accompany the appraiser.

3. Appraisal must be approved by the agency.

4. Agency may waive the appraisal when property has low FMV.

The Acquisition Process

1. Acquisition by negotiations

2. Appraisal and appraisal waiver

3. Ninety-day notice

4. Coercion

5. Uneconomic remnants

6. Right to donate property

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.

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

Relocation Assistance

Moving expenses for personal property

Replacement housing payments for tenants & owners (residential)

Business reestablishment Advisory assistance to all

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.

49 CFR Part 24 Subpart A

Purpose Definitions General administrative

requirements Records and reports Appeals

49 CFR Part 24 Subpart B

Criteria for appraisals Appraisal review Basic acquisition policies Tenant-owned improvements Incidental expenses Donations

49 CFR Part 24 Subpart C

General relocation requirements

Relocation notices Relocation planning General payment claim

requirements Illegal aliens

Moving and related expenses:

1. Residential

2. Business, Farm, NPO

3. Personal Property Only

49 CFR Part 24 Subpart D

49 CFR Part 24 Subpart E

Replacement housing payments:

1. Owners

2. Tenants

Last resort housing

49 CFR Part 24 Subpart F

Mobile Homes:

1. Moving expenses

2. Replacement housing payments

49 CFR Part 24 Subpart G

1. State certification

2. Monitoring and corrective action

Lead Agency Oversight

The Federal Highway Administration is the lead agency for URA compliance.

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)

Compliance The State “is

responsible for complying with current FHWA requirements, whether or not its manual reflects those requirements.”

710.201(d) …AND

The State is Responsible ... “…for imposing sanctions

in cases of material non-compliance.”

710.201(h)

Just Compensation “…shall be approved by a

responsible official of the acquiring agency.”

710.201(j)

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.

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.

R/W Certification 3

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.”

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)