[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: 49CFR24.2]

[Page 208-213]
 
                        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 A_General
 
Sec. 24.2  Definitions.

    Agency. The term Agency means the Federal agency, State, State 
agency, or person that acquires real property or displaces a person.
    (1) Acquiring agency. The term acquiring agency means a State 
agency, as defined in paragraph (a)(4) of this section, which has the 
authority to acquire property by eminent domain under State law, and a 
State agency or person which does not have such authority. Any Agency or 
person solely acquiring property pursuant to the provisions of Sec. 
24.101(a) (1), (2), (3), or (4) need not provide the assurances required 
by Sec. 24.4(a)(1) or (2).
    (2) Displacing agency. The term displacing agency means any Federal 
agency carrying out a program or project, and any State, State agency, 
or person carrying out a program or project with Federal financial 
assistance, which causes a person to be a displaced person.
    (3) Federal agency. The term Federal agency means any department, 
Agency, or instrumentality in the executive branch of the Government, 
any wholly owned Government corporation, the Architect of the Capitol, 
the Federal Reserve Banks and branches thereof, and any person who has 
the authority

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to acquire property by eminent domain under Federal law.
    (4) State agency. The term State agency means any 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, and any person 
who has the authority to acquire property by eminent domain under State 
law.
    Alien not lawfully present in the United States. The phrase ``alien 
not lawfully present in the United States'' means an alien who is not 
``lawfully present'' in the United States as defined in 8 CFR 103.12 and 
includes:
    (1) An alien present in the United States who has not been admitted 
or paroled into the United States pursuant to the Immigration and 
Nationality Act and whose stay in the United States has not been 
authorized by the United States Attorney General, and
    (2) An alien who is present in the United States after the 
expiration of the period of stay authorized by the United States 
Attorney General or who otherwise violates the terms and conditions of 
admission, parole or authorization to stay in the United States.
    Appraisal. The term appraisal means a written statement 
independently and impartially prepared by a qualified appraiser setting 
forth an opinion of defined value of an adequately described property as 
of a specific date, supported by the presentation and analysis of 
relevant market information.
    Business. The term business means any lawful activity, except a farm 
operation, that is conducted:
    (1) Primarily for the purchase, sale, lease and/or rental of 
personal and/or real property, and/or for the manufacture, processing, 
and/or marketing of products, commodities, and/or any other personal 
property; or
    (2) Primarily for the sale of services to the public; or
    (3) Primarily for outdoor advertising display purposes, when the 
display must be moved as a result of the project; or
    (4) By a nonprofit organization that has established its nonprofit 
status under applicable Federal or State law.
    Citizen. The term ``citizen,'' for purposes of this part, includes 
both citizens of the United States and noncitizen nationals.
    Comparable replacement dwelling. The term comparable replacement 
dwelling means a dwelling which is:
    (1) Decent, safe and sanitary as described in paragraph (f) of this 
section;
    (2) Functionally equivalent to the displacement dwelling. The term 
functionally equivalent means that it performs the same function, 
provides the same utility, and is capable of contributing to a 
comparable style of living. While a comparable replacement dwelling need 
not possess every feature of the displacement dwelling, the principal 
features must be present. Generally, functional equivalency is an 
objective standard, reflecting the range of purposes for which the 
various physical features of a dwelling may be used. However, in 
determining whether a replacement dwelling is functionally equivalent to 
the displacement dwelling, the Agency may consider reasonable trade-offs 
for specific features when the replacement unit is equal to or better 
than the displacement dwelling. (See appendix A of this part);
    (3) Adequate in size to accommodate the occupants;
    (4) In an area not subject to unreasonable adverse environmental 
conditions;
    (5) In a location generally not less desirable than the location of 
the displaced person's dwelling with respect to public utilities and 
commercial and public facilities, and reasonably accessible to the 
person's place of employment;
    (6) On a site that is typical in size for residential development 
with normal site improvements, including customary landscaping. The site 
need not include special improvements such as outbuildings, swimming 
pools, or greenhouses. (See also Sec. 24.403(a)(2).);
    (7) Currently available to the displaced person on the private 
market. However, a comparable replacement dwelling for a person 
receiving government housing assistance before displacement may reflect 
similar government housing assistance. (See appendix A of this part.); 
and

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    (8) Within the financial means of the displaced person.
    (i) A replacement dwelling purchased by a homeowner in occupancy at 
the displacement dwelling for at least 180 days prior to initiation of 
negotiations (180-day homeowner) is considered to be within the 
homeowner's financial means if the homeowner will receive the full price 
differential as described in Sec. 24.401(c), all increased mortgage 
interest costs as described at Sec. 24.401(d) and all incidental 
expenses as described at Sec. 24.401(e), plus any additional amount 
required to be paid under Sec. 24.404, Replacement housing of last 
resort.
    (ii) A replacement dwelling rented by an eligible displaced person 
is considered to be within his or her financial means if, after 
receiving rental assistance under this part, the person's monthly rent 
and estimated average monthly utility costs for the replacement dwelling 
do not exceed the person's base monthly rental for the displacement 
dwelling as described at Sec. 24.402(b)(2).
    (iii) For a displaced person who is not eligible to receive a 
replacement housing payment because of the person's failure to meet 
length-of-occupancy requirements, comparable replacement rental housing 
is considered to be within the person's financial means if an Agency 
pays that portion of the monthly housing costs of a replacement dwelling 
which exceeds 30 percent of such person's gross monthly household income 
or, if receiving a welfare assistance payment from a program that 
designates amounts for shelter and utilities, the total of the amounts 
designated for shelter and utilities. Such rental assistance must be 
paid under Sec. 24.404, Replacement housing of last resort.
    Contribute materially. The term contribute materially means that 
during the 2 taxable years prior to the taxable year in which 
displacement occurs, or during such other period as the Agency 
determines to be more equitable, a business or farm operation:
    (1) Had average annual gross receipts of at least $5000; or
    (2) Had average annual net earnings of at least $1000; or
    (3) Contributed at least 33\1/3\ percent of the owner's or 
operator's average annual gross income from all sources.
    (4) If the application of the above criteria creates an inequity or 
hardship in any given case, the Agency may approve the use of other 
criteria as determined appropriate.
    Decent, safe, and sanitary dwelling. The term decent, safe, and 
sanitary dwelling means a dwelling which meets applicable housing and 
occupancy codes. However, any of the following standards which are not 
met by an applicable code shall apply unless waived for good cause by 
the Federal agency funding the project. The dwelling shall:
    (1) Be structurally sound, weathertight, and in good repair.
    (2) Contain a safe electrical wiring system adequate for lighting 
and other devices.
    (3) Contain a heating system capable of sustaining a healthful 
temperature (of approximately 70 degrees) for a displaced person, except 
in those areas where local climatic conditions do not require such a 
system.
    (4) Be adequate in size with respect to the number of rooms and area 
of living space needed to accommodate the displaced person. There shall 
be a separate, well lighted and ventilated bathroom that provides 
privacy to the user and contains a sink, bathtub or shower stall, and a 
toilet, all in good working order and properly connected to appropriate 
sources of water and to a sewage drainage system. In the case of a 
housekeeping dwelling, there shall be a kitchen area that contains a 
fully usable sink, properly connected to potable hot and cold water and 
to a sewage drainage system, and adequate space and utility service 
connections for a stove and refrigerator.
    (5) Contains unobstructed egress to safe, open space at ground 
level. If the replacement dwelling unit is on the second story or above, 
with access directly from or through a common corridor, the common 
corridor must have at least two means of egress.
    (6) For a displaced person who is handicapped, be free of any 
barriers which would preclude reasonable ingress, egress, or use of the 
dwelling by such displaced person.

[[Page 211]]

    Displaced person--(1) General. The term ``displaced person'' means, 
except as provided in paragraph (2) of this definition, any person who 
moves from the real property or moves his or her personal property from 
the real property: (This includes a person who occupies the real 
property prior to its acquisition, but who does not meet the length of 
occupancy requirements of the Uniform Act as described at Sec. Sec. 
24.401(a) and 24.402(a)):
    (i) As a direct result of a written notice of intent to acquire, the 
initiation of negotiations for, or the acquisition of, such real 
property in whole or in part for a project.
    (ii) As a direct result of rehabilitation or demolition for a 
project; or
    (iii) As a direct result of a written notice of intent to acquire, 
or the acquisition, rehabilitation or demolition of, in whole or in 
part, other real property on which the person conducts a business or 
farm operation, for a project. However, eligibility for such person 
under this paragraph applies only for purposes of obtaining relocation 
assistance advisory services under Sec. 24.205(c), and moving expenses 
under Sec. 24.301, Sec. 24.302 or Sec. 24.303.
    (2) Persons not displaced. The following is a nonexclusive listing 
of persons who do not qualify as displaced persons under this part:
    (i) A person who moves before the initiation of negotiations (see 
also Sec. 24.403(d)), unless the Agency determines that the person was 
displaced as a direct result of the program or project; or
    (ii) A person who initially enters into occupancy of the property 
after the date of its acquisition for the project; or
    (iii) A person who has occupied the property for the purpose of 
obtaining assistance under the Uniform Act;
    (iv) A person who is not required to relocate permanently as a 
direct result of a project. Such determination shall be made by the 
Agency in accordance with any guidelines established by the Federal 
agency funding the project (see also appendix A of this part); or
    (v) An owner-occupant who moves as a result of an acquisition as 
described at Sec. Sec. 24.101(a) (1) and (2) , or as a result of the 
rehabilitation or demolition of the real property. (However, the 
displacement of a tenant as a direct result of any acquisition, 
rehabilitation or demolition for a Federal or federally-assisted project 
is subject to this part.); or
    (vi) A person whom the Agency determines is not displaced as a 
direct result of a partial acquisition; or
    (vii) A person who, after receiving a notice of relocation 
eligibility (described at Sec. 24.203(b)), is notified in writing that 
he or she will not be displaced for a project. Such notice shall not be 
issued unless the person has not moved and the Agency agrees to 
reimburse the person for any expenses incurred to satisfy any binding 
contractual relocation obligations entered into after the effective date 
of the notice of relocation eligibility; or
    (viii) An owner-occupant who voluntarily conveys his or her 
property, as described at Sec. 24.101(a) (1) and (2), after being 
informed in writing that if a mutually satisfactory agreement on terms 
of the conveyance cannot be reached, the Agency will not acquire the 
property. In such cases, however, any resulting displacement of a tenant 
is subject to the regulations in this part; or
    (ix) A person who retains the right of use and occupancy of the real 
property for life following its acquisition by the Agency; or
    (x) An owner who retains the right of use and occupancy of the real 
property for a fixed term after its acquisition by the Department of the 
Interior under Public Law 93-477 or Public Law 93-303, except that such 
owner remains a displaced person for purposes of subpart D of this part; 
or
    (xi) A person who is determined to be in unlawful occupancy prior to 
the initiation of negotiations (see paragraph (y) of this section), or a 
person who has been evicted for cause, under applicable law, as provided 
for in Sec. 24.206.
    (xii) A person who is not lawfully present in the United States and 
who has been determined to be ineligible for relocation benefits in 
accordance with Sec. 24.208.
    Dwelling. The term dwelling means the place of permanent or 
customary and usual residence of a person, according to local custom or 
law, including a single family house; a single family

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unit in a two-family, multi-family, or multi-purpose property; a unit of 
a condominium or cooperative housing project; a non-housekeeping unit; a 
mobile home; or any other residential unit.
    Farm operation. The term farm operation means any activity conducted 
solely or primarily for the production of one or more agricultural 
products or commodities, including timber, for sale or home use, and 
customarily producing such products or commodities in sufficient 
quantity to be capable of contributing materially to the operator's 
support.
    Federal financial assistance. The term Federal financial assistance 
means a grant, loan, or contribution provided by the United States, 
except any Federal guarantee or insurance and any interest reduction 
payment to an individual in connection with the purchase and occupancy 
of a residence by that individual.
    Initiation of negotiations. Unless a different action is specified 
in applicable Federal program regulations, the term initiation of 
negotiations means the following:
    (1) Whenever the displacement results from the acquisition of the 
real property by a Federal agency or State agency, the initiation of 
negotiations means the delivery of the initial written offer of just 
compensation by the Agency to the owner or the owner's representative to 
purchase the real property for the project. However, if the Federal 
agency or State agency issues a notice of its intent to acquire the real 
property, and a person moves after that notice, but before de1ivery to 
the initial written purchase offer, the initiation of negotiations means 
the actual move of the person from the property.
    (2) Whenever the displacement is caused by rehabilitation, 
demolition or privately undertaken acquisition of the real property (and 
there is no related acquisition by a Federal agency or a State agency), 
the initiation of negotiations means the notice to the person that he or 
she will be displaced by the project or, if there is no notice, the 
actual move of the person from the property.
    (3) In the case of a permanent relocation to protect the public 
health and welfare, under the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 (Pub. L. 96-510, or Superfund) 
the initiation of negotiations means the formal announcement of such 
relocation or the Federal or federally-coordinated health advisory where 
the Federal Government later decides to conduct a permanent relocation.
    Lead agency. The term lead agency means the Department of 
Transportation acting through the Federal Highway Administration.
    Mortgage. The term mortgage means such classes of liens as are 
commonly given to secure advances on, or the unpaid purchase price of, 
real property, under the laws of the State in which the real property is 
located, together with the credit instruments, if any, secured thereby.
    Nonprofit organization. The term nonprofit organization means an 
organization that is incorporated under the applicable laws of a State 
as a non-profit organization, and exempt from paying Federal income 
taxes under section 501 of the Internal Revenue Code (26 U.S.C. 501).
    Notice of intent to acquire or notice of eligibility for relocation 
assistance. Written notice furnished to a person to be displaced, 
including those to be displaced by rehabilitation or demolition 
activities from property acquired prior to the commitment of Federal 
financial assistance to the activity, that establishes eligibility for 
relocation benefits prior to the initiation of negotiation and/or prior 
to the commitment of Federal financial assistance.
    Owner of a dwelling. A person is considered to have met the 
requirement to own a dwelling if the person purchases or holds any of 
the following interests in real property;
    (1) Fee title, a life estate, a land contract, a 99-year lease, or a 
lease including any options for extension with at least 50 years to run 
from the date of acquisition; or
    (2) An interest in a cooperative housing project which includes the 
right to occupy a dwelling; or

[[Page 213]]

    (3) A contract to purchase any of the interests or estates described 
in paragraphs (p) (1) or (2) of this section, or
    (4) Any other interest, including a partial interest, which in the 
judgment of the Agency warrants consideration as ownership.
    Person. The term person means any individual, family, partnership, 
corporation, or association.
    Program or project. The phrase program or project means any activity 
or series of activities undertaken by a Federal agency or with Federal 
financial assistance received or anticipated in any phase of an 
undertaking in accordance with the Federal funding agency guidelines.
    Salvage value. The term salvage value means the probable sale price 
of an item, if offered for sale on the condition that it will be removed 
from the property at the buyer's expense, allowing a reasonable period 
of time to find a person buying with knowledge of the uses and purposes 
for which it is adaptable and capable of being used, including separate 
use of serviceable components and scrap when there is no reasonable 
prospect of sale except on that basis.
    Small business. A business having not more than 500 employees 
working at the site being acquired or displaced by a program or project, 
which site is the location of economic activity. Sites occupied solely 
by outdoor advertising signs, displays, or devices do not qualify as a 
business for purposes of Sec. 24.304.
    State. Any of the several States of the United States or the 
District of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, or a political subdivision of any of 
these jurisdictions.
    Tenant. The term tenant means a person who has the temporary use and 
occupancy of real property owned by another.
    Uneconomic remnant. The term uneconomic remnant means a parcel of 
real property in which the owner is left with an interest after the 
partial acquisition of the owner's property, and which the acquiring 
agency has determined has little or no value or utility to the owner.
    Uniform Act. The term Uniform Act means the Uniform Relocation 
Assistance and Real Property Acquisition Policy Act of 1970 (84 Stat. 
1894; 42 U.S.C. 4601 et seq.; Pub. L. 91-646), and amendments thereto.
    Unlawful occupancy. A person is considered to be in unlawful 
occupancy if the person has been ordered to move by a court of competent 
jurisdiction prior to the initiation of negotiations or is determined by 
the Agency to be a squatter who is occupying the real property without 
the permission of the owner and otherwise has no legal right to occupy 
the property under State law. A displacing agency may, at its 
discretion, consider such a squatter to be in lawful occupancy.
    Utility costs. The term utility costs means expenses for heat, 
lights, water and sewer.
    Utility facility. The term utility facility means any electric, gas, 
water, steampower, or materials transmission or distribution system; any 
transportation system; any communications system, including cable 
television; and any fixtures, equipment, or other property associated 
with the operation, maintenance, or repair of any such system. A utility 
facility may be publicly, privately, or cooperatively owned.
    Utility relocation. The term utility relocation means the adjustment 
of a utility facility required by the program or project undertaken by 
the displacing agency. It includes removing and reinstalling the 
facility, including necessary temporary facilities; acquiring necessary 
right-of-way on new location; moving, rearranging or changing the type 
of existing facilities; and taking any necessary safety and protective 
measures. It shall also mean constructing a replacement facility that 
has the functional equivalency of the existing facility and is necessary 
for the continued operation of the utility service, the project economy, 
or sequence of project construction.

[54 FR 8928, Mar. 2, 1989; 54 FR 24712, June 9, 1989; 58 FR 26072, Apr. 
30, 1993; 64 FR 7131, Feb. 12, 1999]