[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.105]

[Page 335-336]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 710--RIGHT-OF-WAY AND REAL ESTATE--Table of Contents
 
                           Subpart A--General
 
Sec. 710.105  Definitions.

    (a) Terms defined in 49 CFR part 24, and 23 CFR part 1 have the same 
meaning where used in this part, except as modified in this section.
    (b) The following terms where used in this part have the following 
meaning:
    Access rights means the right of ingress to and egress from a 
property that abuts a street or highway.
    Acquiring agency means a State agency, other entity, or person 
acquiring real property for title 23 of the United States Code purposes.
    Acquisition means activities to obtain an interest in, and 
possession of, real property.
    Air rights means real property interests defined by agreement, and 
conveyed by deed, lease, or permit for the use of airspace.
    Airspace means that space located above and/or below a highway or 
other transportation facility's established grade line, lying within the 
horizontal

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limits of the approved right-of-way or project boundaries.
    Damages means the loss in value attributable to remainder property 
due to severance or consequential damages, as limited by State law, that 
arise when only part of an owner's property is acquired.
    Disposal means the sale of real property or rights therein, 
including access or air rights, when no longer needed for highway right-
of-way or other uses eligible for funding under title 23 of the United 
States Code.
    Donation means the voluntary transfer of privately owned real 
property for the benefit of a public transportation project without 
compensation or with compensation at less than fair market value.
    Early acquisition means acquisition of real property by State or 
local governments in advance of Federal authorization or agreement.
    Easement means an interest in real property that conveys a right to 
use a portion of an owner's property or a portion of an owner's rights 
in the property.
    NHS means the National Highway System as defined in 23 U.S.C. 
103(b).
    Oversight agreement means the project approval and agreement 
concluded between the State and the FHWA to outline which projects will 
be monitored at the plans, specifications, and estimate stage by FHWA as 
required by 23 U.S.C. 106(c)(3).
    Real property means land and any improvements thereto, including but 
not limited to, fee interests, easements, air or access rights, and the 
rights to control use, leasehold, and leased fee interests.
    Relinquishment means the conveyance of a portion of a highway right-
of-way or facility by a State highway department to another government 
agency for continued transportation use. (See 23 CFR part 620, subpart 
B.)
    Right-of-way means real property and rights therein used for the 
construction, operation, or maintenance of a transportation or related 
facility funded under title 23 of the United States Code.
    Settlement means the result of negotiations based on fair market 
value in which the amount of just compensation is agreed upon for the 
purchase of real property or an interest therein. This term includes the 
following:
    (1) An administrative settlement is a settlement reached prior to 
filing a condemnation proceeding based on value related evidence, 
administrative consideration, or other factors approved by an authorized 
agency official.
    (2) A legal settlement is a settlement reached by a responsible 
State legal representative after filing a condemnation proceeding, 
including stipulated settlements approved by the court in which the 
condemnation action had been filed.
    (3) A court settlement or court award is any decision by a court 
that follows a contested trial or hearing before a jury, commission, 
judge, or other legal entity having the authority to establish the 
amount of compensation for a taking under the laws of eminent domain.
    State agency means a department, agency, or instrumentality of a 
State or of a political subdivision of a State; any department, agency, 
or instrumentality of two or more States or of two or more political 
subdivisions of a State or States; or any person who has the authority 
to acquire property by eminent domain, for public purposes, under State 
law.
    State transportation department (STD) means the State highway 
department, transportation department, or other State transportation 
agency or commission to which title 23 of the United States Code funds 
are apportioned.
    Uneconomic remnant means a remainder property which the acquiring 
agency has determined has little or no utility or value to the owner.
    Uniform Act means the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970, as amended (Public Law 91-
646, 84 Stat. 1894), and the implementing regulations at 49 CFR part 24.

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