The flowchart depicts the processes, decision points, and deliverables associated with the acquisition process for agencies that have the authority to acquire property by eminent domain and as described in 49 CFR 24.101 (b)(1).
The first question in the flowchart is Does the agency have the power to acquire property by eminent domain? If no, then the reader referred to the flowchart on the next page. If yes, the second question is whether a specific site or property is needed? If no, then the acquisition is not voluntary, and requirements in 49 CFR 24 Subpart B apply. If no, the next question is, Is the property to be acquired part of an intended or planned project where all of the property is to be acquired within a specific time limit? If yes, then the acquisition is not voluntary. If no, then the next three steps in the process are to 1) inform the owner in writing that the agency will not acquire the property if negotiations fail to result in an amicable agreement, 2) Agency informs the owner in writing of what It believes to be the market value of the property; and 3) Agency/person negotiates with owner. If the owner and agency can come to an amicable agreement then the next step is to sign a purchase agreement and continue on to closing. If no agreement can be reached then the agency can continue to negotiate to see if the parties can come to an amicable agreement. If not, then the agency can offer an Administrative Settlement. If the owner accepts that settlement then the purchase agreement can be signed. If the Administrative Settlement is not accepted then the acquisition does not occur and the process is ended.