[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: 49CFR24.206]



[Page 239]

 

                        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 C_General Relocation Requirements

 

Sec. 24.206  Eviction for cause.



    (a) Eviction for cause must conform to applicable State and local 

law. Any person who occupies the real property and is not in unlawful 

occupancy on the date of the initiation of negotiations, is presumed to 

be entitled to relocation payments and other assistance set forth in 

this part unless the Agency determines that:

    (1) The person received an eviction notice prior to the initiation 

of negotiations and, as a result of that notice is later evicted; or

    (2) The person is evicted after the initiation of negotiations for 

serious or repeated violation of material terms of the lease or 

occupancy agreement; and

    (3) In either case the eviction was not undertaken for the purpose 

of evading the obligation to make available the payments and other 

assistance set forth in this part.

    (b) For purposes of determining eligibility for relocation payments, 

the date of displacement is the date the person moves, or if later, the 

date a comparable replacement dwelling is made available. This section 

applies only to persons who would otherwise have been displaced by the 

project. (See appendix A, Sec. 24.206.)