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. § 4655

Requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to State; payment of litigation expenses in certain cases

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(a) Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, an acquiring agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after January 2, 1971, unless he receives satisfactory assurances from such acquiring agency that—(1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 4651 of this title and the provisions of section 4652 of this title, and(2) property owners will be paid or reimbursed for necessary expenses as specified in sections 4653 and 4654 of this title.(b) For purposes of this section, the term “acquiring agency” means—(1) a State agency (as defined in section 4601(3) of this title) which has the authority to acquire property by eminent domain under State law, and(2) a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.(Pub. L. 91–646, title III, § 305, Jan. 2, 1971, 84 Stat. 1906; Pub. L. 100–17, title IV, § 417, Apr. 2, 1987, 101 Stat. 256.)Editorial NotesAmendments

1987—Pub. L. 100–17 designated existing provisions as subsec. (a), substituted “an acquiring agency” for “a State agency” and “such acquiring agency” for “such State agency”, and added subsec. (b).

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.

Notes of Decisions
Cited in 40 cases (2 in the last 5 years), 1972–2025 · leading case: Long v. State of S.D., 2017 SD 78 (S.D. 2017).
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Long v. State of S.D., 2017 SD 78 (S.D. 2017). · cites it 4× “” 42 U.S.C. § 4655 . Necessary expenses are defined, in part, in 42 U.”
City of Reno v. Reno Gazette-Journal, 63 P.3d 1147 (Nev. 2003). · cites it 2× “[6] 42 U.S.C. § 4655 (a) (1995). [7] NRS 342.”
City of Austin v. Travis Cnty. Landfill Co., 25 S.W.3d 191 (Tex. App. 2000). · cites it 4× “42 U.S.C.A. § 4655 (emphasis added). By its terms, the Uniform Act prohibits a federal agency from approving any federally funded project in which a political subdivision of a state acquires real property without assuring that the acquiring political subdivision will (1) follow…”
State Ex Rel. Dep't of Transp. v. Little, 2004 OK 74 (Okla. 2004). “” The provisions of 42 U.S.C. § 4655 state; (a) Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, an acquiring agency under which Federal financial assistance will be available to…”
State Ex Rel. State Dep't of Transp., Div. of Highways v. Cookman, 639 S.E.2d 693 (W. Va. 2006). · cites it 4× “" 42 U.S.C. § 4655 (a)(1) (1987) (2000 ed.).”
Barnhart v. Brinegar, 362 F. Supp. 464 (W.D. Mo. 1973). · cites it 3× “91-646, § 305, 42 U.S.C. § 4655 (1970). 3 . Id. § 301, 42 U.”
Charles Eugene Rhodes v. City of Chicago in Trust for the Use of Schs., 516 F.2d 1373 (7th Cir. 1975). · cites it 4× “42 U.S.C. § 4655 provides: “Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any other grant to, or contract or agreement with, a State agency under which Federal financial assistance will be available to pay all or part of…”
Comm'r of Transp. v. Rocky Mountain, LLC, 894 A.2d 259 (Conn. 2006). “42 U.S.C. §§ 4655 and 4604. 22 *719 The Connecticut legislature responded to the passage of the federal uniform relocation act by enacting the state relocation act, § 8-266 et seq.”
Lawson v. State ex rel. Sec'y of the Dep't of Transp., 91 A.3d 544 (Del. 2014). “58 Del. Laws ch. 413 (1972). The federal statute specified that federal funding would be withheld from a state unless that state provided for reimbursement of "necessary expenses” as specified in the federal reimbursement provisions ( 42 U.”
Reg'l Transp. Dist. v. Outdoor Sys., Inc., 34 P.3d 408 (Colo. 2001). “42 U.S.C. § 4655 (2001) (emphasis added).”
Est. of Kirkpatrick v. City of Olathe, 215 P.3d 561 (Kan. 2009). “The provision of the Federal Act that guided the district court’s decision in this case is 42 U.S.C. § 4655 (a)(2) (2006), which states in relevant part: *574 “(a) Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant…”
The City of Columbia, South Carolina v. Douglas M. Costle, Adm'r, Env't Prot. Agency, an Agency of the United States of Am., 710 F.2d 1009 (4th Cir. 1983). · cites it 2× “Protection Agency appeals from a judgment of the district court ruling that the City of Columbia, South Carolina, need not comply with the federal real property acquisition procedures, 42 U.S.C. §§ 4655 and 4651, in connection with an EPA construction grant for a sewer line to a…”
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