[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR24.101]

[Page 216-217]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 24_UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR 
FEDERAL AND FEDERALLY ASSISTED PROGRAMS--Table of Contents
 
                   Subpart B_Real Property Acquisition
 
Sec. 24.101  Applicability of acquisition requirements.


    (a) General. The requirements of this subpart apply to any 
acquisition of real property for a Federal program or project, and to 
programs and projects where there is Federal financial assistance in any 
part of project costs except for:
    (1) Voluntary transactions that meet all of the following 
conditions:
    (i) No specific site or property needs to be acquired, although the 
Agency may limit its search for alternative sites to a general 
geographic area. Where an Agency wishes to purchase more than one site 
within a geographic area on this basis, all owners are to be treated 
similarly.
    (ii) The property to be acquired is not part of an intended, 
planned, or designated project area where all or substantially all of 
the property within the area is to be acquired within specific time 
limits.
    (iii) The Agency will not acquire the property in the event 
negotiations fail to result in an amicable agreement, and the owner is 
so informed in writing.
    (iv) The Agency will inform the owner of what it believes to be the 
fair market value of the property.
    (2) Acquisitions for programs or projects undertaken by an Agency or 
person that receives Federal financial assistance but does not have 
authority to acquire property by eminent domain, provided that such 
Agency or person shall:
    (i) Prior to making an offer for the property, clearly advise the 
owner that it is unable to acquire the property in the event 
negotiations fail to result in an amicable agreement; and
    (ii) Inform the owner of what it believes to be fair market value of 
the property.
    (3) The acquisition of real property from a Federal agency, State, 
or State agency, if the Agency desiring to make the purchase does not 
have authority to acquire the property through condemnation.
    (4) The acquisition of real property by a cooperative from a person 
who, as a condition of membership in the cooperative, has agreed to 
provide without charge any real property that is needed by the 
cooperative.
    (5) Acquisition for a program or project which is undertaken by, or 
receives Federal financial assistance from, the Tennessee Valley 
Authority or the Rural Electrification Administration.
    (b) Less-than-full-fee interest in real property. In addition to fee 
simple title, the provisions of this subpart apply when acquiring fee 
title subject to retention of a life estate or a life use; to 
acquisition by leasing where the lease term, including option(s) for 
extension, is 50 years or more; and to the acquisition of permanent 
easements. (See appendix A of this part, Sec. 24.101(b).)

[[Page 217]]

    (c) Federally-assisted projects. For projects receiving Federal 
financial assistance, the provisions of Sec. Sec. 24.102, 24.103, 
24.104, and 24.105 apply to the greatest extent practicable under State 
law. (See Sec. 24.4(a).)

[54 FR 8928, Mar. 2, 1989; 54 FR 24712, June 9, 1989; 58 FR 26072, Apr. 
30, 1993]