[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: 49CFR24.2]



[Page 221-227]

 

                        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 and acronyms.



    (a) Definitions. Unless otherwise noted, the following terms used in 

this part shall be understood as defined in this section:

    (1) Agency. The term Agency means the Federal Agency, State, State 

Agency, or person that acquires real property or displaces a person.

    (i) Acquiring Agency. The term acquiring Agency means a State 

Agency, as defined in paragraph (a)(1)(iv) 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.

    (ii) 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.

    (iii) 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 to acquire property by eminent domain under Federal law.

    (iv) 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.

    (2) 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:

    (i) 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 (8 U.S.C. 1101 et seq.) and whose stay in the United 

States has not been authorized by the United States Attorney General; 

and,

    (ii) 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.

    (3) 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.

    (4) Business. The term business means any lawful activity, except a 

farm operation, that is conducted:

    (i) 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;

    (ii) Primarily for the sale of services to the public;

    (iii) Primarily for outdoor advertising display purposes, when the 

display must be moved as a result of the project; or

    (iv) By a nonprofit organization that has established its nonprofit 

status under applicable Federal or State law.

    (5) Citizen. The term citizen for purposes of this part includes 

both citizens of the United States and noncitizen nationals.



[[Page 222]]



    (6) Comparable replacement dwelling. The term comparable replacement 

dwelling means a dwelling which is:

    (i) Decent, safe and sanitary as described in paragraph 24.2(a)(8) 

of this section;

    (ii) Functionally equivalent to the displacement dwelling. The term 

functionally equivalent means that it performs the same function, and 

provides the same utility. 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, Sec. 24.2(a)(6));

    (iii) Adequate in size to accommodate the occupants;

    (iv) In an area not subject to unreasonable adverse environmental 

conditions;

    (v) 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;

    (vi) 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));

    (vii) Currently available to the displaced person on the private 

market except as provided in paragraph (a)(6)(ix) of this section (See 

appendix A, Sec. 24.2(a)(6)(vii)); and

    (viii) Within the financial means of the displaced person:

    (A) 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.

    (B) 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).

    (C) 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 the person's base monthly rent for the displacement 

dwelling as described in Sec. 24.402(b)(2). Such rental assistance must 

be paid under Sec. 24.404, Replacement housing of last resort.

    (ix) For a person receiving government housing assistance before 

displacement, a dwelling that may reflect similar government housing 

assistance. In such cases any requirements of the government housing 

assistance program relating to the size of the replacement dwelling 

shall apply. (See appendix A, Sec. 24.2(a)(6)(ix).)

    (7) 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:

    (i) Had average annual gross receipts of at least $5,000; or

    (ii) Had average annual net earnings of at least $1,000; or

    (iii) Contributed at least 33\1/3\ percent of the owner's or 

operator's average annual gross income from all sources.



[[Page 223]]



    (iv) 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.

    (8) Decent, safe, and sanitary dwelling. The term decent, safe, and 

sanitary dwelling means a dwelling which meets local housing and 

occupancy codes. However, any of the following standards which are not 

met by the local code shall apply unless waived for good cause by the 

Federal Agency funding the project. The dwelling shall:

    (i) Be structurally sound, weather tight, and in good repair;

    (ii) Contain a safe electrical wiring system adequate for lighting 

and other devices;

    (iii) 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;

    (iv) Be adequate in size with respect to the number of rooms and 

area of living space needed to accommodate the displaced person. The 

number of persons occupying each habitable room used for sleeping 

purposes shall not exceed that permitted by local housing codes or, in 

the absence of local codes, the policies of the displacing Agency. In 

addition, the displacing Agency shall follow the requirements for 

separate bedrooms for children of the opposite gender included in local 

housing codes or in the absence of local codes, the policies of such 

Agencies;

    (v) 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;

    (vi) Contains unobstructed egress to safe, open space at ground 

level; and

    (vii) For a displaced person with a disability, be free of any 

barriers which would preclude reasonable ingress, egress, or use of the 

dwelling by such displaced person. (See appendix A, Sec. 

24.2(a)(8)(vii).)

    (9) Displaced person. (i) General. The term displaced person means, 

except as provided in paragraph (a)(9)(ii) of this section, 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. 

24.401(a) and Sec. 24.402(a)):

    (A) As a direct result of a written notice of intent to acquire (see 

Sec. 24.203(d)), the initiation of negotiations for, or the acquisition 

of, such real property in whole or in part for a project;

    (B) As a direct result of rehabilitation or demolition for a 

project; or

    (C) 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.

    (ii) Persons not displaced. The following is a nonexclusive listing 

of persons who do not qualify as displaced persons under this part:

    (A) A person who moves before the initiation of negotiations (see 

Sec. 24.403(d)), unless the Agency determines that the person was 

displaced as a direct result of the program or project;

    (B) A person who initially enters into occupancy of the property 

after the date of its acquisition for the project;

    (C) A person who has occupied the property for the purpose of 

obtaining assistance under the Uniform Act;

    (D) 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 appendix A, Sec. 24.2(a)(9)(ii)(D));



[[Page 224]]



    (E) An owner-occupant who moves as a result of an acquisition of 

real property as described in Sec. Sec. 24.101(a)(2) or 24.101(b)(1) or 

(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.);

    (F) A person whom the Agency determines is not displaced as a direct 

result of a partial acquisition;

    (G) 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 written notification 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;

    (H) An owner-occupant who conveys his or her property, as described 

in Sec. Sec. 24.101(a)(2) or 24.101(b)(1) or (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;

    (I) A person who retains the right of use and occupancy of the real 

property for life following its acquisition by the Agency;

    (J) 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 Pub. L. 93-477, Appropriations for National Park System, 

or Pub. L. 93-303, Land and Water Conservation Fund, except that such 

owner remains a displaced person for purposes of subpart D of this part;

    (K) A person who is determined to be in unlawful occupancy prior to 

or after the initiation of negotiations, or a person who has been 

evicted for cause, under applicable law, as provided for in Sec. 

24.206. However, advisory assistance may be provided to unlawful 

occupants at the option of the Agency in order to facilitate the 

project;

    (L) A person who is not lawfully present in the United States and 

who has been determined to be ineligible for relocation assistance in 

accordance with Sec. 24.208; or

    (M) Tenants required to move as a result of the sale of their 

dwelling to a person using downpayment assistance provided under the 

American Dream Downpayment Initiative (ADDI) authorized by section 102 

of the American Dream Downpayment Act (Pub. L. 108-186; codified at 42 

U.S.C. 12821).

    (10) 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 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.

    (11) Dwelling site. The term dwelling site means a land area that is 

typical in size for similar dwellings located in the same neighborhood 

or rural area. (See appendix A, Sec. 24.2(a)(11).)

    (12) 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.

    (13) 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.

    (14) Household income. The term household income means total gross 

income received for a 12 month period from all sources (earned and 

unearned) including, but not limited to wages, salary, child support, 

alimony, unemployment benefits, workers compensation, social security, 

or the net income from a business. It does not include income received 

or earned by dependent children and full time students under



[[Page 225]]



18 years of age. (See appendix A, Sec. 24.2(a)(14) for examples of 

exclusions to income.)

    (15) Initiation of negotiations. Unless a different action is 

specified in applicable Federal program regulations, the term initiation 

of negotiations means the following:

    (i) 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 delivery of 

the initial written purchase offer, the initiation of negotiations means 

the actual move of the person from the property.

    (ii) 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.

    (iii) 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) 

(CERCLA) 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.

    (iv) In the case of permanent relocation of a tenant as a result of 

an acquisition of real property described in Sec. 24.101(b)(1) through 

(5), the initiation of negotiations means the actions described in Sec. 

24.2(a)(15)(i) and (ii), except that such initiation of negotiations 

does not become effective, for purposes of establishing eligibility for 

relocation assistance for such tenants under this part, until there is a 

written agreement between the Agency and the owner to purchase the real 

property. (See appendix A, Sec. 24.2(a)(15)(iv)).

    (16) Lead Agency. The term Lead Agency means the Department of 

Transportation acting through the Federal Highway Administration.

    (17) Mobile home. The term mobile home includes manufactured homes 

and recreational vehicles used as residences. (See appendix A, Sec. 

24.2(a)(17)).

    (18) 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.

    (19) Nonprofit organization. The term nonprofit organization means 

an organization that is incorporated under the applicable laws of a 

State as a nonprofit organization, and exempt from paying Federal income 

taxes under section 501 of the Internal Revenue Code (26 U.S.C. 501).

    (20) Owner of a dwelling. The term owner of a dwelling means a 

person who 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:

    (i) 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

    (ii) An interest in a cooperative housing project which includes the 

right to occupy a dwelling; or

    (iii) A contract to purchase any of the interests or estates 

described in Sec. 24.2(a)(1)(i) or (ii) of this section; or

    (iv) Any other interest, including a partial interest, which in the 

judgment of the Agency warrants consideration as ownership.

    (21) Person. The term person means any individual, family, 

partnership, corporation, or association.

    (22) 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.



[[Page 226]]



    (23) Salvage value. The term salvage value means the probable sale 

price of an item offered for sale to knowledgeable buyers with the 

requirement that it be removed from the property at a buyer's expense 

(i.e., not eligible for relocation assistance). This includes items for 

re-use as well as items with components that can be re-used or recycled 

when there is no reasonable prospect for sale except on this basis.

    (24) Small business. A small business is 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.

    (25) 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.

    (26) Tenant. The term tenant means a person who has the temporary 

use and occupancy of real property owned by another.

    (27) 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 Agency has 

determined has little or no value or utility to the owner.

    (28) Uniform Act. The term Uniform Act means the Uniform Relocation 

Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 

91-646, 84 Stat. 1894; 42 U.S.C. 4601 et seq.), and amendments thereto.

    (29) Unlawful occupant. A person who occupies without property 

right, title or payment of rent or a person legally evicted, with no 

legal rights to occupy a property under State law. An Agency, at its 

discretion, may consider such person to be in lawful occupancy.

    (30) Utility costs. The term utility costs means expenses for 

electricity, gas, other heating and cooking fuels, water and sewer.

    (31) Utility facility. The term utility facility means any electric, 

gas, water, steam power, 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.

    (32) 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 a 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.

    (33) Waiver valuation. The term waiver valuation means the valuation 

process used and the product produced when the Agency determines that an 

appraisal is not required, pursuant to Sec. 24.102(c)(2) appraisal 

waiver provisions.

    (b) Acronyms. The following acronyms are commonly used in the 

implementation of programs subject to this regulation:

    (1) BCIS. Bureau of Citizenship and Immigration Service.

    (2) FEMA. Federal Emergency Management Agency.

    (3) FHA. Federal Housing Administration.

    (4) FHWA. Federal Highway Administration.

    (5) FIRREA. Financial Institutions Reform, Recovery, and Enforcement 

Act of 1989.

    (6) HLR. Housing of last resort.

    (7) HUD. U.S. Department of Housing and Urban Development.

    (8) MIDP. Mortgage interest differential payment.

    (9) RHP. Replacement housing payment.

    (10) STURAA. Surface Transportation and Uniform Relocation Act 

Amendments of 1987.



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    (11) URA. Uniform Relocation Assistance and Real Property 

Acquisition Policies Act of 1970.

    (12) USDOT. U.S. Department of Transportation.

    (13) USPAP. Uniform Standards of Professional Appraisal Practice.