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8920 Federal Register I Vol. 64. No. 40 / Thursday, March 2, 1989 / Rulers and Regulations Oa the matter of a review:Under Section 24.101 Review i 21.102(d).the Agency is required to of appraisals used In determining the owner's make a written oor.Offer letters are Section 24.201(b). In response to a compensation.Neither of these generally signed by someone at the comment.a minor editorial clarification suggestions have been adapted mage levee It V general FHWA the been made to this section regarding Specific language concerning Pommy to have not less than two people the role of the reviewing appraiser in advertisings involved in setting the amount clan establishment of the Ageser to section lar that i t of offer of just compensation.This process Just Compensation. of the e,Uniform not Act maitre it dear that would constitute a review where no some.if not all,signowaers should be appraisalSection 2t.ig5 Acquisition of Tenant- entitled to moving and related expeasea is made.Precisely how such owned Improvements under section 202 of the Uniform matters will be handled la within rather than to Act Agency discretion. Four comments expressed a concern eompeaaatioa for a sign's A few comments objected to waiving with the matter of adequately protecting acquisition under sectieta 902 the rights of a tenant owner of an appraisal for any reason.An Agency Furthermore,that language in section has no obligation to waive the appraisal improve r. One of these comments 1 �)wee mended la the HIV an acquisition if it prefers not to. recommended specific reference to Amendments m broaden the benefit tenant owners be made at many points avallabie to signownets under section Section AIM Criteria for Appraisals within Subpart B. 20E.For many Yeats.FHWA has FHWA has made no change because reconciled tire ape irk language described how it intended to integrate it believes tenant owner interests en 101(7KDJ of the U ig Section 24.103(a).24.103(a).One Agency Act and f e appraisal waiver provision in adequately protected.The language of t e more general language g 02(c)(>;)with this eectionea Subpart B is based ore the premise that ff tenant imm proveents in section Sod of appraisal standards.Many other a tenant can demonstrate an ownership the Act by providing that an advertising interest in real property.that person 1s sign coatidered to be personal pro comment is seuemeatrred here for an owner of real property to be acquired wider State law should receive the variations are also possible,but the purposes of illustration.In brief. for purposes of this regulation.and is to relocation benefits Provided by section negutators wilt be instructed to dearly he treated as arch. 202.and if considered to be reed explain to the owner the right to have as SoGuon 24105(c).Five commentzw property.It shobe acquired In appraisal made and in no way pressure stated that contributory value or salvage accordance withection 302.MINA the owner to sign a waiver;acquisitions value measures of COCOPeOlati011 to a believes this is the most reasonable veined between£500 and gum are to tenant owner are not fair and equitableMtMistreated=of the be provisions of the supported by sales in the project when the appraiser finds that all of the Uniform Act,audit coniinnee tp be area,and wig be approved by a review value ie in the land,with no value 1egcated fa this final r�dattribueto improvement As a a under described,prior Agey innards to o osection more than the=aim=Aa appraised 'value in place" ed a baa»(bj[il the greater that world always be a property owner compensation be added to this section. its o nirib y akla to the greater of beop sue'some value documentation will FHWA appreciates the difficulty this its property or its varmarket red requirement and a reviewer's circumstance presents.but the ProPe or ib"fair veers• • • approval is necessary in certain provisions of Section 302 of the Uniform for removal from the real property." circumstances.This description is Act do not permit it to accommodate the FHWA Interprets this phrase to mean intended to illustrate the latitude an recommendation.gectian 302 specifies that removel of the sign must be taken agency has in implementing the contributory value,or value for removal into consideration in determining"fair provisions of this Subpart. (which has been implemented as market value for removal,"and believes Section 2e103(aXa).One comment selvage value)as the measwrea of this L dons in I 24.106 and 24 2(n.)of recommended the requirement for a 5- compensation, the regulation. year sales history be cut back to two or However.there is some latitude three years.This recommendation was available under!E 24.105(a).Pay Subpart ant" neral Relocation not adopted,primarily because it under"other applicable law"could mentRequirement"nts applies only when a detailed appraisal include provisions of State law end/or Section 3L203 Relocation Notices is necessary.When a detailed appraisal relocation assistance benefits.Also, is not necessary,the agencymay seta contributory value can be viewed ons Section 24.203(0).A comment was different standard. temporary baba fa the valuation received that the term"as soon as Section 24.104a)(3).A comment estimate process.FHWA believes the feasible"was not sufficiently specific. recommended that a statement be added basica arrive V FHWA considers this term to mean"as to the effect that the payment of an amount soon as practical"and does not believe appraiser must of compensation which ie just. explain the absence of more recent sales reasonable,and fair that any further elaboration is data when the sales used are over 9 Two comments were received from necessary.This comment and several months old.This is viewed as a good representatives of the outdoor other similar comments addressed to business practice on the part of the advertising industry.Both comments this section may have merit in appraiser,but not as an essential focused on the way advertising signs aro individual situations,but do not regulatory int Section require).Three comments treated by ii�(q),24.106.and necessitate changes in the regulations. recommended nded an).'sate coIn thents2e,�(e)of the regulation.They Displacing agencies may wish to clarify rthresholdecomme from fiL e to eI dollarsuggested that,pursuant to section 302 particular mitten that are of concern pervon_both d the Uniform advertising them be their operating the same 31ra1'EI n appraise end covered by the Uniform Act bei Section instance to aoLadopted acquire •d � 11+�1n*"response to one of this the • bn +nd t �'vatse of-ar intent to comment, at s al-relocation a increase Lootwideaprs -,;,; signb plsos before removal should ha • hashers