County of Hawai'i Displacement Plan

Home

" Federal Register / Vol. 54. No. 40 / Thursday, March 2 1989 / Rules and Regulations ...��. 8831 :" •{2)An interest is a cooperative prior to the Initiation of segetletlone or assurances shall be In accordance with 4 ,: project which sadudes the right le determined by the Agency to be a section 305 of the Uniform Act and must g,;, x to oscopy a dwellinF or squatter who is occupying the real contain specific reference to any State • . m A contract to purchase any of the property without the permission of the law which the Agency believes mercies i* jests Of estates described in owner and otherwrise has no legal right an exception to section 301 or 302 of the a ....-paragraphs(p)(1)or(2)of this section. to occupy the property under State lair. Uniform Act.If.in the Judgment of the A displacing agency may,at its Federal agency.Uniform Act compliance ; �(4)Any other interest.including a discretion.consider such a squatter to will be served.a State agency may R partial interest which in the judgment of be in:lawful occupancy. provide these assurances at one time to SF .. the Agency warrants consideration as (z)Utility costs.The term"utility cover all subsequent federally-assisted ownership. costs"means expenses for heat,lights. (q)Person.The term"person"means water and sewer. programs or projects.An Agency which any individual.family,partnership, (aa)Utility facility.The term"utility both acquires real property and ' • corporation.or association. facility"means any electric,gas,water. displaces persons may combine its (r)Program or project.The phrase steasapower.ers4aterieis traasntisdon section 210 and section 305 assurances "program or project"means any activity or distribution system;any in one document or series of activities undertaken by a transportation system;any (2)If a Federal agency or State agency Federal agency or with Federal financial communications system.including cable provides Federal financial assistance to assistance received or anticipated in televisiar>r and any litthrtes,equipment, a"person"causing displacemeak suds any phase of an undertaking in or other property associated with the Federal or State agency is responsible accordance with the Federal funding operation.maintenance.or repair of any for ensuring compliance with the agency guidelines. such system.A utility facility may be requirements of this part. (s)Salvage volae The term"salvage publicly.privately.oc cooperatively notwithstanding the person's value"means the probable sale price of owned- contractual an item.if offered for sale on the (bb)Utility relocation.The term obligation to the grantee to condition that It will be removed froenmityr�elocae"memo the �mp}y.enmity the property at the buyer's expense. adjustment of a utility facility required' allowing a reasonable (3)As en alternative to the asecuarrce find a person buying with od lmorf time to edge of by the program or project undertaken by {a)(1) fo thist deiaibed Federa ssgph ency the uses and purposes for which itis the �� agency.It includes may provide Federal financial and adaptable and capable of being used, innccllusing eu�6 laireg the facility.tie* assistance to a State agency after it has inchuffug separate use of serviceable accepted a certification such State components and scrap when there is no acquiringQovine,rq rigl:tign,a or oe new a in eaxedance with the reasonable prospect aside except on locution;movhrg,� g requirements inSubpart G of We that basis. ��."j'r8�°type of axiaiag tar�lities; p�'t (I)Small bovines', A business Ira and taking any necessary saksty and (b)Matertaving card corrective action. at atone,but not more thaw s h protective measures.It shalt also mean the Peden'agency will monitor employees at the site being constructing a replacement facility that compliance with this part,and the State acquired soworkingka bye rte beingam has the functional equivalency of the agency shall tax whatever corrective project. continued facility and Is necessary for the action is necessary to comply with the (u)State.Any of the several States of continued operation of the utility Uniform Act and this pat. he Federal the United States or the District of service.the project economy,ar agency may also apply sanctions In Columbia.the Commonwealth of Puertosequence of project constrvctiwt accordance with applicable program Rico.any territory or possession of theonoregulations.(Also see f 24.603.Subpart payments. United Stats.the Trust Territories of 4 Z4� � G•) the Pacific Islands or a political No person shall receive any payment (c)Prevention of fraud wean and subdivision of any of these jurisdictions, under this part if that person receives a mism vrgearent The Agency shall take (v) Tenant The term"tenant"means payment under Federal.State.or local appropriate measures to cavy out this a person who has the'temporary nee and law which is determined by the Agency part in a manner that minimizes fraud. occupancy of real property owned by to have the same purpose and effect as waste.end mismanagement another. such payment under this part.(See (w) Uneconomic remnant The term Appendix A of this part.I 24.3.) 124.5 Mannar of nodose. "uneconomic remnant"means a parcel of real property In which the owner fi l 244 .motes and Each notice which the Agency is left with an Interest after the partial corrective action. required to provide to a property owner acquisition of the owner's property,and (a)Aasuauocee—(1)Before a Federal or occupant under this part,.. . a the which the acquiring agency has agency may approve any grant ta,or notice descuIIrad at I Z4.102{b).small ha determined has little or no value or contract.or agreement with.a State personally served or sent by certified or utility to the owner, agency ender winch Federal fiamrdel registered first-class mail.return receipt (x) Uniform Act.The term"Uniform assistance will be made available for a requested.and documented In Agency Act"means the Uniform Relocation project which results in real property files.Each notice shall be written In Assistance and Real Property acquisition or displace:meat that is plain.understandable language.Persona Acquisition Policy Act of 1970(84$tat subject to the Uniform Act.the State who are unable to mad mid understand 180e 42 U.S.C.4001 et seq.;Pub.L.at- age meet provide appropriate the notice must be provided with 648),end amendments thereto, assurascces that it will comply with the appropriate translation and caenseling. (y)Unlawful occupsnejc A person is Uniform Ad and this port.A displacing Each notice shall Indicate the name and considered to be In unlawful occupancy agenets emeelecee shell be le telephone amber of a person who may if the parson has been ordered to imvo accordance with teed=.tip.dt6e be contacted for anon ers to me:WHorn or by a cowl of competent jurisdiction Uniform Act.An acquiring wan" other needed help - -