[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: 23CFR710.505]

[Page 344]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 710--RIGHT-OF-WAY AND REAL ESTATE--Table of Contents
 
              Subpart E--Property Acquisition Alternatives
 
Sec. 710.505  Real property donations.

    (a) Donations of property being acquired. A non-governmental owner 
whose real property is required for a Federal-aid project may donate the 
property to the STD. Prior to accepting the property, the owner must be 
informed by the agency of his/her right to receive just compensation for 
the property. The owner shall also be informed of his/her right to an 
appraisal of the property by a qualified appraiser, unless the STD 
determines that an appraisal is unnecessary because the valuation 
problem is uncomplicated and the fair market value is estimated at no 
more than $2500, or the State appraisal waiver limit approved by the 
FHWA, whichever is greater. All donations of property received prior to 
the approval of the NEPA document must meet environmental requirements 
as specified in 23 U.S.C. 323(d).
    (b) Credit for donations. Donations of real property may be credited 
to the State's matching share of the project. Credit to the State's 
matching share for donated property shall be based on fair market value 
established on the earlier of the following: either the date on which 
the donation becomes effective, or the date on which equitable title to 
the property vests in the State. The fair market value shall not include 
increases or decreases in value caused by the project. Donations may be 
made at anytime during the development of a project. The STD shall 
develop sufficient documentation to indicate compliance with paragraph 
(a) of this section and to support the amount of credit applied. The 
total credit cannot exceed the State's pro-rata share under the project 
agreement to which it is applied.
    (c) Donations and conveyances in exchange for construction features 
or services. A property owner may donate property in exchange for 
construction features or services. The value of the donation is limited 
to the fair market value of property donated less the cost of the 
construction features or services. If the value of the donated property 
exceeds the cost of the construction features or services, the 
difference may be eligible for a credit to the State's share of project 
costs.