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Application Chart

Buyer

Conditions

Subpart B Compliant?

Federal-Aid or Grant Recipient

Will use Eminent Domain

YES

DOES have Eminent Domain authority, but will meet ALL conditions:

  • No specific site

  • Not part of a project

  • Will NOT USE Eminent Domain (1,2)

  • Inform owner of market value (1)

NO

Does NOT HAVE Eminent Domain Authority and will not have any way to use Eminent Domain

  • Inform owner no Eminent Domain (1,2)

  • Inform owner of market value (1)

The acquisition is from a government agency

The acquisition is by a co-op from a member

Assistance is from TVA or RUS

Federal agency (except TVA or RUS)

Will use Eminent Domain, if necessary

YES

Will NOT use Eminent Domain

YES

Must inform owner no Eminent Domain

federally-assisted projects

§ 24.102, § 24.103, § 24.104 & § 24.105 apply to the greatest extent practicable under State Law, with any exceptions noted and approved in assurance required by § 24.4

(1) - In writing

(2) - Owners are not displaced persons, but tenants may be

Notes:

Updated: 09/05/2014
HEP Home Planning Environment Real Estate
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000