[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.503]

[Page 347-348]
 
                           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. 710.503  Protective buying and hardship acquisition.

    (a) General conditions. Prior to the STD obtaining final 
environmental approval, the STD may request FHWA agreement to provide 
reimbursement for advance acquisition of a particular parcel or a 
limited number of parcels, to prevent imminent development and increased 
costs on the preferred location (Protective Buying), or to alleviate 
hardship to a property owner or owners on the preferred location 
(Hardship Acquisition), provided the following conditions are met:
    (1) The project is included in the currently approved STIP;
    (2) The STD has complied with applicable public involvement 
requirements in 23 CFR parts 450 and 771;
    (3) A determination has been completed for any property subject to 
the provisions of 23 U.S.C. 138; and
    (4) Procedures of the Advisory Council on Historic Preservation are 
completed for properties subject to 16 U.S.C. 470(f) (historic 
properties).
    (b) Protective buying. The STD must clearly demonstrate that 
development of the property is imminent and such development would limit 
future transportation choices. A significant increase in cost may be 
considered as an element justifying a protective purchase.
    (c) Hardship acquisitions. The STD must accept and concur in a 
request for a hardship acquisition based on a property owner's written 
submission that:
    (1) Supports the hardship acquisition by providing justification, on 
the basis of health, safety or financial reasons, that remaining in the 
property poses an undue hardship compared to others; and
    (2) Documents an inability to sell the property because of the 
impending project, at fair market value, within a time period that is 
typical for properties not impacted by the impending project.
    (d) Environmental decisions. Acquisition of property under this 
section

[[Page 348]]

shall not influence the environmental assessment of a project, including 
the decision relative to the need to construct the project or the 
selection of a specific location.