The real property acquisition requirements for direct Federal programs and projects, and those receiving Federal financial assistance are set forth in 49 CFR Part 24, Subpart B. The requirements of Subpart B apply to any acquisition of real property that uses Federal financial assistance, except for acquisitions described in 49 CFR 24.101(b)(1)-(5) (outlined below). Such acquisitions are considered voluntary acquisitions. Property owners who sell their property in voluntary acquisitions are not displaced persons and are not eligible for relocation assistance and payment benefits. However, tenant occupants who are displaced as a result of the acquisition may be eligible for all applicable relocation benefits provided for under the URA.
Per 49 CFR 24.101, the following acquisitions are exempt from the requirements of Subpart B:
(b)(1) - The requirements of Subpart B do not apply to acquisitions that meet all of the following conditions in paragraphs (b)(1)(i) through (iv):
(b)(2) - Acquisitions for programs or projects undertaken by an Agency or person that receives Federal financial assistance but does not have authority to acquire property by eminent domain, provided that such Agency or person shall:
(b)(3) The acquisition of real property from a Federal Agency, State, or State Agency, if the Agency desiring to make the purchase does not have authority to acquire the property through condemnation.
(b)(4)The acquisition of real property by a cooperative from a person who, as a condition of membership in the cooperative, has agreed to provide without charge any real property that is needed by the cooperative.
(b)(5) Acquisition for a program or project that receives Federal financial assistance from the Tennessee Valley Authority or the Rural Utilities Service.
The primary focus of this research was acquisitions described in 49 CFR 24.101(b)(1) and (2). Figures 1 and 2 outline the voluntary acquisition process for these types of acquisitions.
Figure 1: Flowchart of Process for Acquisitions Described in 49 CFR 24.101 (b)(1)
Figure 2: Flowchart of Process for Acquisitions Described in 49 CFR 24.101 (b)(2)