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Office of Planning, Environment, & Realty (HEP)

Presentations of Uniform Act Final Rule Implementation

Contacting Owners


Appendix A, was revised as follows:

§ 24.2(a)(15)(iv) Initiation of negotiations (Tenants.) Tenants that occupy property that may be acquired amicably, are entitled to the following [no use of eminent domain per § 24.101(b)(1) through (5)] :

If a tenant is not readily accessible, as the result of a disaster or emergency, the agency must make a good faith effort to provide these notifications and document its efforts in writing.

In the context of the second bullet above, where options are being used, this notice would be triggered by a written agreement that binds the acquiring agency to purchase the property from which a tenant would be displaced. That is the agency and the property owner are subject to legally enforceable commitments to proceed with the purchase.

FHWA is strengthening requirements for written notices and that now includes willing sellers. The early notice of interest in acquiring property is also required in writing per § 24.102(b).

IMPLEMENTATION: Will require potentially additional contacts with tenants occupants as the new procedures are followed.

Updated: 9/5/2014
HEP Home Planning Environment Real Estate
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