42 U.S.C. § 4651

Uniform policy on real property acquisition practices

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In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies:(1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation.(2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property, except that the head of the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value.(3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency’s approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.(4) No owner shall be required to surrender possession of real property before the head of the Federal agency concerned pays the agreed purchase price, or deposits with the court in accordance with section 3114(a) to (d) of title 40, for the benefit of the owner, an amount not less than the agency’s approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property.(5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by subchapter II will be available), or to move his business or farm operation, without at least ninety days’ written notice from the head of the Federal agency concerned, of the date by which such move is required.(6) If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.(7) In no event shall the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.(8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the head of the Federal agency concerned shall institute formal condemnation proceedings. No Federal agency head shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.(9) If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire that remnant. For the purposes of this chapter, an uneconomic remnant is 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 head of the Federal agency concerned has determined has little or no value or utility to the owner.(10) A person whose real property is being acquired in accordance with this subchapter may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a Federal agency, as such person shall determine.(Pub. L. 91–646, title III, § 301, Jan. 2, 1971, 84 Stat. 1904; Pub. L. 100–17, title IV, § 416, Apr. 2, 1987, 101 Stat. 255.)Editorial NotesReferences in Text

Subchapter II, referred to in par. (5), was in the original “title II”, meaning title II of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1895, which is classified principally to subchapter II of this chapter. For complete classification of title II to the Code, see Short Title note set out under section 4601 of this title and Tables.

This chapter, referred to in par. (9), 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.

This subchapter, referred to in par. (10), was in the original “this title”, meaning title III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables.

Codification

In par. (4), “section 3114(a) to (d) of title 40” substituted for “section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

1987—Par. (2). Pub. L. 100–17, § 416(a), inserted provision respecting the waiver of appraisal in cases involving the acquisition of property with a low fair market value.

Par. (9). Pub. L. 100–17, § 416(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire the entire property.”

Par. (10). Pub. L. 100–17, § 416(c), added par. (10).

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under section 4601 of this title.

Savings Provision

Pub. L. 91–646, title III, § 306, Jan. 2, 1971, 84 Stat. 1907, provided in part that: “Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Act or portions thereof under this section [repealing sections 3071 to 3073 of this title, section 141 of Title 23, Highways, and section 596 of Title 33, Navigation and Navigable Waters].”

Notes of Decisions

Cited in 127 cases (2 in the last 5 years), 1971–2023 · leading case: City of Marietta v. Summerour, 807 S.E.2d 324 (Ga. 2017).

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City of Marietta v. Summerour, 807 S.E.2d 324 (Ga. 2017). · cites it 8× “Indeed, the preamble and introductory provision of Section 22-1-9 is virtually identical to that of the federal statute, and many of the provisions that follow essentially mirror those found in the federal statute.”

Clear Sky Car Wash LLC v. City of Chesapeake, Virginia, 743 F.3d 438 (4th Cir. 2014). · cites it 6× “” It claims that the City’s conduct violated the mandatory real property acquisition policies set forth in 42 U.S.C. § 4651 , which are made applicable to state agencies when, as here, federal funds are involved, see id.”

State Ex Rel. Missouri High. & Transp. Comm'n v. Anderson, 735 S.W.2d 350 (Mo. 1987). · cites it 10× “From this history, we believe one conclusion is irresistibleCongress intended Section [4602(a)] to preclude judicial review of federal and state agency actions under the real property acquisition practices of [ 42 U.S.C. § 4651 ]. Barnhart, 362 F.Supp.”

State Ex Rel. State Dep't of Transp., Div. of Highways v. Cookman, 639 S.E.2d 693 (W. Va. 2006). · cites it 15× “[3] Plainly, then, unless there is some impediment to compliance under state law, the DOH is required to fully comply with the provisions of 42 U.S.C. § 4651 when acquiring real property for a project for which it receives federal funding.”

Dep't of Transp. Ex Rel. People v. Hunziker, 796 N.E.2d 122 (Ill. App. Ct. 2003). · cites it 5× “"The language of 42 USC § 4651 does not entitle [Wise] to a copy of the appraisal of his property.”

United States v. 320.0 Acres of Land, More or Less in the Cnty. of Monroe, State of Florida,& Salvatore R. Ciccone, 605 F.2d 762 (5th Cir. 1979). · cites it 3× “Section 301 of the Act ( 42 U.S.C. § 4651 ) establishes certain uniform nationwide “guidelines” for the public taking of any lands by agencies of the federal government.”

Starke v. Sec'y, United States Dep't of Hous. & Urban Dev., 454 F. Supp. 477 (W.D. Okla. 1977). · cites it 12× “§§ 4621-4638 , is subject to review under the Administrative Procedures Act. Lewis v. Brinegar, 372 F.”

Charles Eugene Rhodes v. City of Chicago in Trust for the Use of Schs., 516 F.2d 1373 (7th Cir. 1975). · cites it 11× “§§ 3601-04 ), and the Uniform Relocation Assistance and Real Property Acquisition Act ( 42 U.S.C. §§ 4651 .and 4655). 4 Plaintiffs sought a judgment (1) declaring that the nonfederal defendants had violated plaintiffs’ constitutional and statutory rights, (2) awarding damages…”

West Virginia Dep't of Transp. v. Dodson Mobile Homes Sales & Servs., Inc., 624 S.E.2d 468 (W. Va. 2005). · cites it 5× “” 42 U.S.C. § 4651 . The Act directs agencies to abide by delineated policies, two of which bear particular relevance to the matter before us and read as follows: (8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the head of the…”

Barnhart v. Brinegar, 362 F. Supp. 464 (W.D. Mo. 1973). · cites it 7× “(b) The provisions of section 301 [which is now 42 U.S.C. § 4651 providing the nine mandatory real property acquisition practices] of title III of this Act create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.”

Rollock Co. v. United States, 115 Fed. Cl. 317 (Fed. Cl. 2014). · cites it 4× “” 42 U.S.C. § 4651 (heading). As a general matter, the Relocation Act provides federal agencies with a process for negotiating the purchase of private property for public use.”

Preseault V. United States, 52 Fed. Cl. 667 (Fed. Cl. 2002). “See 42 U.S.C. § 4651 (1994 & Supp. V 1999) (stating that one purpose of statute is “to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion of the courts, to assure consistent treatment for owners in the…”

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— 42 U.S.C. § 4651(3) — 1 case

Wise v. United States, 369 F. Supp. 30 (W.D. Ky. 1973).

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