[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR24.101]



[Page 229-230]

 

                        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) Direct Federal program or project.

    (1) The requirements of this subpart apply to any acquisition of 

real property for a direct Federal program or project, except 

acquisition for a program or project that is undertaken by the Tennessee 

Valley Authority or the Rural Utilities Service. (See appendix A, Sec. 

24.101(a).)

    (2) If a Federal Agency (except for the Tennessee Valley Authority 

or the Rural Utilities Service) will not acquire a property because 

negotiations fail to result in an agreement, the owner of the property 

shall be so informed in writing. Owners of such properties are not 

displaced persons, (see Sec. Sec. 24.2(a)(9)(ii)(E) or (H)), and as 

such, are not entitled to relocation assistance benefits. However, 

tenants on such properties may be eligible for relocation assistance 

benefits. (See Sec. 24.2(a)(9)).

    (b) Programs and projects receiving Federal financial assistance. 

The requirements of this subpart apply to any acquisition of real 

property for programs and projects where there is Federal financial 

assistance in any part of project costs except for the acquisitions 

described in paragraphs (b)(1) through (5) of this section. The 

relocation assistance provisions in this part are applicable to any 

tenants that must move as a result of an acquisition described in 

paragraphs (b)(1) through (5) of this section. Such tenants are 

considered displaced persons. (See Sec. 24.2(a)(9).)

    (1) The requirements of Subpart B do not apply to acquisitions that 

meet all of the following conditions in paragraphs (b)(1)(i) through 

(iv):

    (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 general geographic area on this basis, all owners are to be 

treated similarly. (See appendix A, Sec. 24.101(b)(1)(i).)



[[Page 230]]



    (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 if negotiations fail 

to result in an amicable agreement, and the owner is so informed in 

writing.

    (iv) The Agency will inform the owner in writing of what it believes 

to be the market value of the property. (See appendix A, Sec. 

24.101(b)(1)(iv) and (2)(ii).)

    (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 if negotiations fail to 

result in an agreement; and

    (ii) Inform the owner in writing of what it believes to be the 

market value of the property. (See appendix A, Sec. 24.101(b)(1)(iv) 

and (2)(ii).)

    (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 that receives Federal 

financial assistance from the Tennessee Valley Authority or the Rural 

Utilities Service.

    (c) Less-than-full-fee interest in real property.

    (1) 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 and/or temporary 

easements necessary for the project. However, the Agency may apply these 

regulations to any less-than-full-fee acquisition that, in its judgment, 

should be covered.

    (2) The provisions of this subpart do not apply to temporary 

easements or permits needed solely to perform work intended exclusively 

for the benefit of the property owner, which work may not be done if 

agreement cannot be reached.

    (d) 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).)