U.S. Code » Title 42 » Chapter CHAPTER 61— UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subchapter SUBCHAPTER III— UNIFORM REAL PROPERTY ACQUISITION POLICY

42 U.S.C. § 4652

Buildings, structures, and improvements

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(a) Notwithstanding any other provision of law, if the head of a Federal agency acquires any interest in real property in any State, he shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which he requires to be removed from such real property or which he determines will be adversely affected by the use to which such real property will be put.(b)(1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.(2) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the United States all his right, title, and interest in and to such improvements. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection.(Pub. L. 91–646, title III, § 302, Jan. 2, 1971, 84 Stat. 1905.)
Notes of Decisions
Cited in 29 cases, 1972–2006 · 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 9× “Thereafter, on March 24, 2005, the trial court issued a written “Order Re Motion for Rectification” in which the court stated that its decision to grant the motion was based on its consideration of General Statutes § 13a-123 (g) (2), the testimony and written appraisal of…”
City of Scottsdale v. Eller Outdoor Advert. Co. of Arizona, Inc., 579 P.2d 590 (Ariz. Ct. App. 1978). · cites it 10× “42 U.S.C. § 4652 of that act provides in part: *92 "(a) Notwithstanding any other provision of law, if the head of a Federal agency acquires any interest in real property in any State, he shall acquire at least an equal interest in all .”
State Ex Rel. Weatherby Advert. Co. v. Conley, 527 S.W.2d 334 (Mo. 1975). · cites it 4× “§ 4651 and 42 U.S.C. § 4652 of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (hereinafter referred to as Uniform Act), seeking to stop or enjoin the Commission from disturbing its properties or proceeding with the condemnation cases.”
State v. 3M Nat'l Advert. Co., 653 A.2d 1092 (N.H. 1995). · cites it 3× “The defendant next argues that the trial court failed to award just compensation because it found that the signs were personal property, not real property. The defendant argues that section 4652 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of…”
Creative Displays, Inc. v. South Carolina High. Dep't, 248 S.E.2d 916 (S.C. 1978). · cites it 2× “In order to participate in federal funds, the Highway Department gave assurance to the federal agency as follows: "[I]n acquiring real property, it will be guided, to the greatest extent practicable under State law, by the provisions of 42 U.S.C.A. § 4652 ." The obvious purpose…”
Nat'l Advert. Co. v. North Carolina Dep't of Transp., 478 S.E.2d 248 (N.C. Ct. App. 1996). · cites it 2× “We further reject Whiteco’s assertion that 42 U.S.C. § 4652 requires that the DOT pay just compensation for its sign.”
Whiteco Indus., Inc. v. City of Tucson, 812 P.2d 1075 (Ariz. Ct. App. 1990). · cites it 2× “Second, the market value of Eller’s leasehold is complicated because 42 U.S.C. § 4652 requires the payment of “Just Compensation PLUS.”
Whitman v. State High. Comm'n of Missouri, 400 F. Supp. 1050 (W.D. Mo. 1975). · cites it 2× “In particular, plaintiffs assert that the Commission must purchase the signboards in question and compensate plaintiffs under the provisions of § 302 of the URA ( 42 U.S.C. § 4652 ). 1 Second, plaintiffs assert that the Commission took the underlying leasehold interests without…”
DEPT. OF TRANSP., STATE v. Heathrow Land & Dev. Corp., 579 So. 2d 183 (Fla. 5th DCA 1991). · cites it 3× “The trial court further held that Florida law imposes no limitation on the Federal Uniform Act and that the Federal Uniform Act, specifically 42 U.S.C. § 4652 , was enacted (1) to allow a tenant to collect compensation for removable structures on real property regardless of…”
Starke v. Sec'y, United States Dep't of Hous. & Urban Dev., 454 F. Supp. 477 (W.D. Okla. 1977). · cites it 2× “§ 4651 (3) and (6) and 42 U.S.C. § 4652 . The Court's discussion of the legislative history of the Policies Act was concerned with the applicability of 42 U.”
State Dept. of Transp. v. Powell, 721 So. 2d 795 (Fla. 1st DCA 1998). · cites it 3× “Since the URA only requires a jury to separately consider the value of the billboard, we agree with DOT that the court erroneously held that two separate trials were "required.”
United States v. 40.00 Acres of Land, More or Less, Situate in Henry Cnty., 427 F. Supp. 434 (W.D. Mo. 1976). “1 In that case the Whitmans, d/b/a Osage Outdoor Advertising, asserted, as they have here, that their outdoor advertising signs upon property required for a federally-assisted project, and irrespective of any “leasehold interest” under traditional eminent domain law, constituted…”
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— 42 U.S.C. § 4652(b)(1) — 1 case
Paul v. United States, 16 Cl. Ct. 318 (Ct. Cl. 1989).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.