42 U.S.C. § 4653

Expenses incidental to transfer of title to United States

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The head of a Federal agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the head of such agency deems fair and reasonable, for expenses he necessarily incurred for—(1) recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the United States;(2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and(3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the United States, or the effective date of possession of such real property by the United States, whichever is the earlier.(Pub. L. 91–646, title III, § 303, Jan. 2, 1971, 84 Stat. 1906.)
Notes of Decisions
Cited in 15 cases, 1975–2014 · leading case: Vournas v. Montgomery Cnty., 476 A.2d 705 (Md. 1984).
Vournas v. Montgomery Cnty., 476 A.2d 705 (Md. 1984). · cites it 5× “More particularly, the question involves the interrelationship of § 52-20, authorizing Montgomery County to impose a transfer tax on real property; § 52-21(d)(4), levying a tax on the transfer of farmland (farmland transfer tax); and 42 U.S.C. § 4653 (1982), authorizing federal…”
Lawson v. State ex rel. Sec'y of the Dep't of Transp., 91 A.3d 544 (Del. 2014). “See 1 Del. C. § 303. . 58 Del. Laws ch. 413 (1972).”
Est. of Kirkpatrick v. City of Olathe, 215 P.3d 561 (Kan. 2009). “58-3502(4) requires the State and its agencies and political subdivisions involved in affected projects to “pay or reimburse property owners for necessary expenses as specified in” 42 U.S.C. §§ 4653 and 4654 (2006). There is no question that the City received federal funding to…”
Douglas v. United States, 217 Ct. Cl. 97 (Ct. Cl. 1978). · cites it 3× “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, § 303, 42 U.S.C. § 4653 (1970). See, e.g., Haggerty, Procedures, Forms and Safeguards in Construction Lending with a Permanent Takeout, 85 Banking L.”
David E. Collins & Judith T. Collins v. The United States, 946 F.2d 864 (Fed. Cir. 1991). · cites it 3× “1894, codified at 42 U.S.C. § 4653 (1) (1988), does not require reimbursement of their state tax payment.”
Mayne v. United States, 13 Cl. Ct. 60 (Ct. Cl. 1987). · cites it 3× “Plaintiffs brought claims against defendant on two counts: (1) defendant is liable for payment of the tax under an express provision in the contract, 4 and (2) the Uniform Real Property Acquisition Policies Act, 42 U.S.C. § 4653 (1982), directs defendant to reimburse plaintiffs…”
Whitman v. State High. Comm'n of Missouri, 400 F. Supp. 1050 (W.D. Mo. 1975). “Section 303 ( 42 U.S.C. § 4653 ) involves compensation and reimbursement to the owner of property acquired for certain expenses involved in and incidental to the transfer of title to the United States.”
S & M Enter. v. United States, 43 Fed. Cl. 210 (Fed. Cl. 1999). · cites it 4× “The Court of Appeals for the Federal Circuit in Collins, 15 reviewed the legislative history of the Policies Act and found “no indication of the intended scope of 42 U.S.C. § 4653 (1).” 946 F.2d at 867. 16 The Federal Circuit concluded: Finally, the fact that the enacted statute…”
United States v. 3.66 Acres of Land, in Cty. & Cty. of Sf, Etc., 426 F. Supp. 533 (N.D. Cal. 1977). “42 U.S.C. § 4653 . Section 102 of the act, however, explicitly provides that “[njothing 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…”
Nat'l R.R. Passenger v. 10,178 Square Feet of Land More or Less, 789 F. Supp. 142 (S.D.N.Y. 1992). · cites it 2× “Weitz-ner, (the “Movants”), move for an order: (1) pursuant to § 303 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“URA”), 42 U.S.C. § 4653 , requiring plaintiff National Railway Passenger Corporation (“Amtrak”) to pay any tax due, or…”
Landohio Corp. v. Nw. Mut. Life Mortg. & Realty Investors, 431 F. Supp. 475 (N.D. Ohio 1976). “The defendant endeavored to weave an argument based on the policy underlying federal land appropriations, see, 42 U.S.C. §§ 4653 , 4655. The Court finds federal land appropriation policies and statutes irrelevant to the substantive question posed by this diversity case; namely,…”
Boekeloo v. Hodel, 828 F.2d 727 (Fed. Cir. 1987). · cites it 4× “G80-754 CA (January 15, 1986), finding that the United States complied with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4653 (1982) (the Policies Act), and declaring that appellants have no claim under the…”
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