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Proposed Changes |
| As you may be aware, the
Federal Highway
Administration (FHWA) has proposed numerous changes
to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (Uniform Act). Many of these
changes are meant to clarify present requirements, meet
modern needs and improve the service to people affected
by these projects. The Uniform Act hasn’t been
comprehensively revised or updated since its initial
publication in 1989.
These
proposed changes cut across the spectrum of right of way
fields including those that will impact appraisals,
acquisitions, and relocation. For complete documentation
of the changes to all of the areas, please click
here. |
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The Uniform Act
| The Uniform Act,
known as 49CFR Part 24 in the Code of Federal Regulations,
was the first legislative attempt to address the burden of
public improvement projects on private individuals and
businesses by establishing a uniform policy for compensation
and benefits. The Uniform Act is the body of law affecting
federal and federally funded right of way land acquisition.
Together with state and other applicable law, the Uniform
Act helps to ensure fair and equitable treatment of those
affected by government projects.
49CFR Part 24: Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally Assisted
Programs is broken down as follows:
Subpart A: General
Purpose
Definitions
No duplication of payments
Assurances, monitoring and corrective action
Manner of notices
Administration of jointly-funded projects
Federal agency waiver of regulations
Compliance with other laws and regulations
Record keeping and reports
Appeals
Subpart B: Real Property Acquisition
Applicability of acquisition requirements
Basic acquisition policies
Criteria for appraisals
Review of appraisals
Acquisition of tenant-owned improvements
Expenses incidental to transfer of title to the Agency
Certain litigation expenses
Donations
Subpart C: General Relocation
Requirement
Purpose
Applicability.
Relocation notices.
Availability of comparable replacement dwelling before
displacement.
Relocation planning, advisory services, and coordination.
Eviction for cause.
General requirements - claims for relocation payments.
Relocation payments not considered as income
Subpart D: Payments for Moving and
Related Expense
Payment for actual reasonable moving and related expenses
residential moves.
Fixed payment for moving expenses-residential moves.
Payment for actual reasonable moving and related
expenses-nonresidential moves.
Reestablishment expenses nonresidential moves.
Ineligible moving and related expenses.
Fixed payment for moving expenses-nonresidential moves.
Discretionary utility relocation payments.
Subpart E: Replacement Housing Payment
Replacement housing payment for 180-day homeowner-occupants
Replacement housing payment for 90-day occupants
Additional rules governing replacement housing payments
Replacement housing of last resort
Subpart F: Mobile Home
Applicability
Moving and related expenses-mobile homes
Replacement housing payment for 180-day mobile
homeowner-occupants
Replacement housing payment for 90-day mobile home occupants
Additional rules governing relocation payments to mobile
home occupants
Subpart G: Certification
Purpose
Certification application
Monitoring and corrective action
Appendices
Appendices
Appendix A to Part 24 - Additional Information
Appendix B to Part 24 - Statistical Report Form
Authority & Revisions |
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