U.S. Code
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Title 42
» Chapter CHAPTER 61— UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subchapter SUBCHAPTER I— GENERAL PROVISIONS
42 U.S.C. § 4602
Effect upon property acquisition
(a) The provisions of section 4651 of this title create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.(b) Nothing in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to January 2, 1971.(Pub. L. 91–646, title I, § 102, Jan. 2, 1971, 84 Stat. 1895.)Editorial NotesReferences in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
Notes of Decisions
City of Marietta v. Summerour, 807 S.E.2d 324 (Ga. 2017).
· cites it 8× “Another provision of the federal law, 42 USC § 4602 (a), states unequivocally that “[t]he provisions of section 4651 of this title create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.”
Clear Sky Car Wash LLC v. City of Chesapeake, Virginia, 743 F.3d 438 (4th Cir. 2014).
· cites it 3× “Indeed, to the contrary, § 4602(a) specifically provides: “The provisions of section 4651 of this title create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase 'or condemnation.”
Clear Sky Car Wash, LLC v. City of Chesapeake, 910 F. Supp. 2d 861 (E.D. Va. 2012).
· cites it 4× “” 42 U.S.C. § 4602 (a). Therefore, the Act itself appears to state that § 4651 does not create federal rights in, or a federal right of action for, landowners.”
Webster v. United States, 92 Fed. Cl. 321 (Fed. Cl. 2010).
· cites it 2× “” 42 U.S.C. § 4602 (a). Defendant contends that this language from the URA “bars [p]laintiffs from bringing any cause of action in any federal court as a result of ongoing negotiations between [p]laintiffs and NPS to possibly acquire [p]laintiffs’ property.”
Rollock Co. v. United States, 115 Fed. Cl. 317 (Fed. Cl. 2014).
· cites it 2× “The court determined that plaintiff could not recover because (1) he was not a landowner and therefore not covered by the Relocation Act, (2) the Relocation Act does not mandate money damages for failure to comply with the provisions provided in Section 4651, and (3) judicial…”
Barnhart v. Brinegar, 362 F. Supp. 464 (W.D. Mo. 1973).
· cites it 3× “§ 102(a), 42 U.S.C. § 4602 (a) (1970). 10 . The exact language of the House Report upon which the courts in the cited cases relied is contained in the text at note 32, infra.”
City of Scottsdale v. Eller Outdoor Advert. Co. of Arizona, Inc., 579 P.2d 590 (Ariz. Ct. App. 1978).
· cites it 2× “The characterization of Eller's interest in the billboards themselves as personalty is important, since 42 U.S.C. § 4602 (b) provides: "(b) Nothing in this chapter shall be construed as creating in any condemnation proceedings brought under the power *93 of eminent domain, any…”
State Ex Rel. Missouri High. & Transp. Comm'n v. Anderson, 735 S.W.2d 350 (Mo. 1987).
· cites it 2× “1973), the District Court held: This completes our review of the history of the "no rights or liabilities" language of [ 42 U.S.C. § 4602 (a)]. From this history, we believe one conclusion is irresistibleCongress intended Section [4602(a)] to preclude judicial review of federal…”
United States v. Hall, 463 F. Supp. 787 (W.D. Mo. 1978).
· cites it 3× “42 U.S.C. § 4602 (a); Nall Motors v. Iowa City, Iowa, 533 F.”
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