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Office of Planning, Environment, & Realty (HEP)

Presentations of Uniform Act Final Rule Implementation

In addressing supercompensation payments incurred for acquisition of real property, reference is made to the following provisions of the Uniform Act and regulations set forth in 23 CFR Part 710 and 49 CFR Part 24.

23 CFR 710.201(j) Approval of Just Compensation
The amount determined to be just compensation shall be approved by a responsible official of the acquiring agency.

23 CFR 710.203 Funding and Reimbursement
(b) Direct Eligible Costs
Federal reimbursement in real property costs is limited to the costs of property incorporated into the final project and the associated direct costs of acquisition, unless provided otherwise. Participation is provided for:

  1. Real property acquisition. Usual costs and disbursements associated with real property acquisition required under the laws of the state, including the following,
    1. The cost to acquire real property, including incidental expenses;
    2. The cost of administrative settlements . . . legal settlements, court awards, and costs incidental to the condemnation process.
  2. Relocation assistance - Usual costs . . . associated with the following:
    1. Relocation . . . payments provided under the laws of the State that may exceed the requirements of 49 CFR part 24 ...

49 CFR 24.3 No duplication of payments
No personal shall receive any payment under this part if that person receives a payment under Federal, State, local law, or insurance proceeds which is determined by the Agency to have the same purpose and effect as such payment under this part.

49 CFR 24.102 (d) Establishment and offer of just compensation
Before the initiation of negotiations, the Agency shall establish an amount which it believes is just compensation for the real property. The amount shall not be less than the approved appraisal of the fair market value of the property . . .. The Agency shall make a written offer to the owner to acquire the property for the full amount believed to be just compensation.

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646), as amended

SEC. 211 (a) The cost to a displacing agency of providing payments and assistance under this title and title III of this Act shall be included as part of the cost of a program or project undertaken by a Federal agency or with Federal financial assistance. A displacing agency, other than a Federal agency, shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs.

(b) No payment or assistance under this title or title III of this Act shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment required by Federal, State, or local law which is determined by the head of the Federal agency to have substantially the same purpose and effect as such payment under this section.

See also the following additional material:

Updated: 9/5/2014
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