|
Federal Register I Vol. 54. No. 40 j Thursday. March t 1989 / Rules and Regulations g
<br /> 533w?
<br /> to be acquired is not owner law and this pen
<br /> art.The property by part.(See also ___
<br /> basis for the offer of just compensation:
<br /> of an intended,planned.or ;24.290.) and,explain its acquisition policies and
<br /> ' tgnated project area where all or (c)Appraisal, waiver thereof.and procedures,including its payment of
<br /> ssbstantially all of the property within invitation to owner. (1)Before the incidental expenses in accordance with
<br /> -Cha area is to be acquired within specific initiation of negotiations the real ;24.108.The owner shall be given
<br /> �
<br /> e limits. property to be acquired shall be reasonable opportunity to consider the
<br /> (;ii)The Agency will not acquire the appraised.except as provided in offer and present material which the
<br /> .F�ogerty in the event negotiations fail to 1 24 102(c)(2),and the owner,or the owner believes is relevant to
<br /> silt in an amicable agreement.and the owner's designated representative,shall determining the value of the property
<br /> owner is so informed in writing be given an opportunity to accompany and to suggest modification in the
<br /> (iv)The Agency will inform the owner the appraiser during the appraisers proposed terms and conditions of the
<br /> of what It believes to be the fair market inspection of the property. purchase.The Agency shall consider the
<br /> value of the property. (21 An appraisal is not required if the owner's presentation.
<br /> (2)Acquisitions for programs or owner is donating the property and
<br /> projects undertaken by an agency or releases the Agency from this obligation. (g)Updating offer of just
<br /> person that receives Federal financial or the Agency determines that an compensation.if the information
<br /> assistance but does not have authority appraisal is unnecessary because the presented by the owner,or a material
<br /> to acquire property by eminent domain. valuation problem is uncomplicated and change in the character or condition of
<br /> provided that such Agency or person the fair market value is estimated at the property.indicates the need for new
<br /> amu: 92.500 or less,based on a review of appraisal information,or if a significant
<br /> (i)Prior to making an offer for the available data. delay has occurred since the time of the
<br /> property.clearly advise the owner that (d)Establishment and offer of just appraisal(s)of the property,the Agency
<br /> It is unable to acquire the property in the compensation.Before the initiation of shall have the appraisal(s)updated or
<br /> event negotiations fail to result in an negotiations.the Agency shall establish obtain a new appraisal(s).If the latest
<br /> amicable agreement;and an amount which it believes is just appraisal information indicates that a
<br /> (ii)Inform the owner of what it compensation for the real property,The change in the purchase offer is
<br /> believes to be fair market value of the amount shall not be less than the warranted,the Agency shall promptly
<br /> property. approved appraisal of the fair market reestablish just compensation and offer
<br /> (3)The acquisition of real property value of the property,taking into that amount to the owner in writing.
<br /> from a Federal agency.State.or State account the value of allowable damages (h)Coercive action.The Agency shall
<br /> agency,if the Agency desiring to snake or benefits re any remaining property. not advance the time of condemnation.
<br /> the purchase does not have authority to (See also I 24.104.)Promptly thereafter. or defer negotiations or condemnation
<br /> acquire the property through the Agency shall make a written offer to or the deposit of funds with the court,or
<br /> condemnation. the owner to acquire the property for the take any other coercive action in order
<br /> (4)The acquisition areal property by full amount believed to be just to induce an agreement on the price to
<br /> a cooperative from a person who.as a codon. be paid for the property.
<br /> condition of membership in the (e Summary statement.Along with (i)Administrative settlemenL The
<br /> cooperative,has agreed to provide the initial written purchase offer,the purchase price for the property may
<br /> without charge any real property that 1 owner shall be given a written exceed the amount offered as just
<br /> needed by the cooperative.� statement of the basis for the offer of compensation when reasonable efforts
<br /> (b)Less.than-full fee interest in real just compensation.which shall Include: to negotiate an agreement at that
<br /> property.In addition to fee simple title, (1)A statement of the amount offered amount have failed and an authorized
<br /> the provisions of this subpart apply as just compensation.In the case of a
<br /> when acquiring fee title subject to partial acquisition,the compensation for Agency official approves such
<br /> retention of a life estate or a life use;to the real property to be acquired and the administrative settlement as being
<br /> acquisition by leasing where the lease compensation for damages,
<br /> all if banye ,to the reaeoneble,prudent,and in the public
<br /> term.including option(s)for extension,
<br /> remaining real propertinterest.lNhea Federal funds pay for or
<br /> Is 50 years or more;and to the separately stated. participate in acquisition Costs,a
<br /> acquisition of permanent easements. (2)A description and location written justification shall be prepared
<br /> (See Appendix A of this part, identification of the real property and which indicates that available
<br /> (j 24.101(b).) the interest in the real property to be information(e.g.,appraisals,recent
<br /> (c)Federally-assisted projects.For acquired. court awards,estimated trial coats,or
<br /> projects receiving Federal financial (3)An identification of the buildings, valuation problems)supports such a
<br /> assistance.the provisions of 11 24.102, structures,and other improvements settlement.
<br /> 24.103,24.104,and 24.105 apply to the (including removable building (j)Payment before taking possession.
<br /> greatest extent practicable under State equipment and trade fixtures)which are Before requiring the owner to surrender
<br /> law.(See ;24.4(a).) considered to be part of the real possession of the realproperty, the
<br /> 24.102 t property for which the offer of just Agency shallpay the agreed purchase
<br /> compensation is made.Where price to the owner,or In the case of a
<br /> (a]Expeditious acquisition.The appropriate,the statement shall identify condemnation,deposit with the court.
<br /> Agency shall make every reasonable any separately held ownership interest for the benefit of the owner,an amount
<br /> art to acquire the real property in the property.e.g.,a tenant-owned not less than the Agency's approved
<br /> expeditiously by negotiation. improvement,and indicate that such appraisal of the fair market value of
<br /> (b)Notice to owner As soon as interest is not covered by the offer. such property.or the court award of
<br /> feasible,the owner shall be notified of (1)Basic negotiation procedures.The compensation in the condemnation
<br /> the Agency's interest in acquiring the Agency shall make reasonable efforts to proceeding for the property.In
<br /> real property and the basic protections, contact the owner or the owner's exceptional circumstances,with the
<br /> lncludhgg the agency's obligadon to representative,and discuss its offer`� Ls prior approval of the owner,the Agency
<br /> secure apprglaal. - _ to tine pada i yr lndudtag the may obtain,*right-of-entryioe ; r ' "
<br /> F
<br /> I
<br />
|