49 C.F.R. § 24.105

Acquisition of tenant-owned improvements

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(a) Acquisition of improvements. When acquiring any interest in real property, the agency shall offer to acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property to be acquired, which it requires to be removed or which it determines will be adversely affected by the use to which such real property will be put. This shall include any improvement owned by a tenant-owner who has the right or obligation to remove the improvement at the expiration of the lease term.

(b) Improvements considered to be real property. Any building, structure, or other improvement, which would be considered real property if owned by the owner of the real property on which it is located, shall be considered to be real property for purposes of this subpart.

(c) Appraisal and establishment of just compensation for a tenant-owned improvement. Just compensation for a tenant-owned improvement is the amount which the improvement contributes to the fair market value of the whole property, or its salvage value, whichever is greater. (Salvage value is defined at § 24.2(a).)

(d) Special conditions for tenant-owned improvements. No payment shall be made to a tenant-owner for any real property improvement unless:

(1) The tenant-owner, in consideration for the payment, assigns, transfers, and releases to the agency all of the tenant-owner's right, title, and interest in the improvement;

(2) The owner of the real property on which the improvement is located disclaims all interest in the improvement; and

(3) The payment does not result in the duplication of any compensation otherwise authorized by law.

(e) Alternative compensation. Nothing in this subpart shall be construed to deprive the tenant-owner of any right to reject payment under this subpart and to obtain payment for such property interests in accordance with other applicable law.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2006–2026 · leading case: Comm'r of Transp. v. Rocky Mountain, LLC, 894 A.2d 259 (Conn. 2006).

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Comm'r of Transp. v. Rocky Mountain, LLC, 894 A.2d 259 (Conn. 2006). · cites it 2× “§ 4652 and 49 C.F.R. § 24.105 (a). After both parties had filed their briefs in this appeal, we ordered the parties to file supplemental briefs addressing whether the trial court’s postjudgment decision to award damages for the billboards constituted an opening of the judgment…”

William Nelson, et al. v. Robert Dupree, et al. (M.D. La. 2026). · cites it 2× “2 at 1, 4, 8 (citing, inter alia, 49 C.F.R. §§ 24.105 , 24.205) (referencing RICO).”

Nelson v. Dupree (M.D. La. 2025). “12 Plaintiff alleges that these acts violated 49 C.F.R. § 24.105 “Acquisition of tenant-owned improvements”, § 24.”

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