
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4651]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
CHAPTER 61--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION 
          POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
 
        SUBCHAPTER III--UNIFORM REAL PROPERTY ACQUISITION POLICY
 
Sec. 4651. Uniform policy on real property acquisition practices

    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 
258a 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 
of this chapter 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, Sec. 301, Jan. 2, 1971, 84 Stat. 1904; Pub. 
L. 100-17, title IV, Sec. 416, Apr. 2, 1987, 101 Stat. 255.)

                       References in Text

    Subchapter II of this chapter, referred to in par. (5), was in the 
original ``title II of this Act'', meaning title II of Pub. L. 91-646, 
Jan. 2, 1971, 84 Stat. 1895, which enacted subchapter II of this 
chapter, amended sections 1415, 2473, and 3307 of this title and section 
1606 of former Title 49, Transportation, repealed sections 1465 and 3074 
of this title, section 2680 of Title 10, Armed Forces, sections 501 to 
512 of Title 23, Highways, sections 1231 to 1234 of Title 43, Public 
Lands, and enacted provisions set out as notes under sections 4601 and 
4621 of this title and under sections 501 to 512 of Title 23. 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 enacted this chapter, amended sections 1415, 2473, and 
3307 of this title and section 1606 of former Title 49, repealed 
sections 1465 and 3071 to 3074 of this title, section 2680 of Title 10, 
sections 141 and 501 to 512 of Title 23, section 596 of Title 33, 
Navigation and Navigable Waters, sections 1231 to 1234 of Title 43, and 
enacted provisions set out as notes under sections 4601, 4621, and 4651 
of this title and under section 501 of Title 23. 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 enacted this subchapter, repealed sections 3071 to 
3073 of this title, section 141 of Title 23, and section 596 of Title 
33, and enacted provisions set out as a note under section 4651 of this 
title. For complete classification of title III to the Code, see Tables.


                               Amendments

    1987--Par. (2). Pub. L. 100-17, Sec. 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, Sec. 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, Sec. 416(c), added par. (10).


                    Effective 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

    Section 306 of Pub. L. 91-646 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].''

                  Section Referred to in Other Sections

    This section is referred to in sections 4602, 4655 of this title; 
title 16 section 698f.
