Displacement Plan for CDBG and HOME

Home

Fed / Vol. 64, No. 40 / Thursday, March 2, 1989 / Rules and Regulations Oa the matter of a review: Under 24.102(d). the Agency is required to make a written offer. Offer tatters are tienerally signed by someone at the management leveL It is general FHWA involved to have not i lved in setting the amount clan offer of Juat compensation. This process would constitute a review where no appraisal is made. Precisely how such matters will be handled b within Agency discretion. A few comments objected to waiving an appraisal for any reason. An Agency has no obligation to waive the appraisal of an acquisition if it prefers not to. Section AIM i Criteria for Apprnrisals Section 24.103(4 One Agency described how it intended to integrate the appraisal waiver provision la f 24.102(c)(2) with oris section.n appraisal standards. Many other variations are also possible, but the comment is summarized here for purposes of illustration. In brief, negotiators will; be instructed to dearly explain to the owner the right to have an appraisal made and in no way pressure the owner to sign a waiver; acquisitions valued between 3800 and $2,600 are to be meted by sales in the project airs, and will be approved by a review appraiser prior to negotiations. As described. tMs Agency to do more than es intends praisal wenld always be a property owner option; some value documentation will be a requitement: and a reviewer's approval is necessary is certain circumstances. This description is intended to illustrate the latitude an agency has in implementing the provisions of this Subpart. Section 24.103faX2). One comment recommended the requirement for a 5 - year sales history be cut back to two or three years. This recommended= was not adopted, primarily because it applies only when a detailed appraisal is necessary. When a detailed appraisal is not necessary, the agency may set a different standard. Section 24.104(a*9). A comment recommended that a statement be added to the effect that the appraiser must explain the absence of more recent sales data when the sales used are over e mom old. This is viewed as a good business practice on tha part of the appraiser. but notes an essential regulatory requirement. Section 24.103(e). Three comments recommended an i>taaase in the dollar threshold from fiL50e to t5.010 , the same person can both appraise and negotiate- The AIWA has notadopted Incthis rerceonsedatinn �r,.. .• Section 24.101 Review of appraisals Section 2L•1001. In response to a comment. a minor editorial clarification has been made to this section regarding the role of the reviewing appraiser in establishment of the Ageus offer of Just compensation, Section 24.105 Acquisition of Tenant - awned Improvements Four comments expressed a concern with the matter of adequately protecting the rights of a tenant owner of improvements. One of these comments recommended specific reference to tenant owners be made at many points within B. FHWA has made no change because it believes tenant owner interests ere adequately protected. The language of Subpart B is based on the premise that i'f a tenant can demonstrate an ownership interest in real property. that person is an owner of real property to be acquired befor treated sof this �a� and is to atach- , =uFive commenter t tory value or salvage value measures of compensation to a tenant ower are not fair and equitable when the appraiser finds that all of the value is in the land. with no value attributable to the improvement As a consequence. they "value in piece" measure ed nded a compensation be added to this section. cis WAtaape�t.a the duty this urs. but the provisions of ao¢ of the UniformAct do not permit it to accommodate the recommendation. Section 30Z specifies contributory value, or value for removal (which has been implemented as salvage as the measures of compensation. However. there is some latitude available under 126.103(e). Payment under other applicable law" could include provisions of State law and/or relocation assistance benefits. Also, contributory value can be viewed on a temporary basin is the valuation estimate process. FHWA believes the basic objective is payment of an amount of compensation which is just. reasonable, and fair- Two airTwo comments ware received from representatives of the outdoor advertising industry. Both comments focused on the way advertising signs aro treated by #i 24-2(q), 24.106. and 24.303(e) a the regulation. suggested that. pursuant to They 302 p al the Uniform Act. all advertising sigma covered by the Uniform Act should be acquired as tenant owned _ • • nommen Impr�ovem , and thavatseoi-a ,• in laps before &sold lett • used N determining the owner', compensation. Neither of these suggestions have been adopted. pecific anguage rning advertising sing sl i section10470) of the Uniform Act makes it dear that some. if not all, signowners should be entitled to moving and related expenses under section 202 of the Uniform Act, rather than to compensation for a sign** acquisition under section 902 Furthermore. that language in section 101(7XD) was amended in the 1997 Amendments to broaden the benefits available to sigaownets under suction 202. For reconciled many years. specifFHWA has section � J U c language Act and the more tenant improvements � � the Act by providing that an advertising sign considered to be personas property, wider State law should receive the relocation benefits provided by section 202 end if considered to be reel property. It accordance should ith sectionF1 WA believes this le the most reasonable interpretation of the provisions of the Uniform Act; audit aantiauee to be reflected in this final nds. When s sign le acquired section 0 sumer on 302(b)( provides that should receive the greater of its ooateibatory Tebbe to the real property or it, "fair market Mehra • • • for removal from the real property." FHWA that removal Interprets rs pew to mean must be taken into consideration indedete determining "fair market value for removal," and believes this le done in i 24.106 and 24.1(0) of the regulation. Subpart C --General Relocation Requirement, Sectio* 2L203 Relocation Notices Section 24.203(o). A comment was received that the term "as soon as feasible" was not sufficiently specific. FHWA considers this term to mean "as son as practical" and does not believe that any further elaboration is eceother mar This t and several comments addressed to this section may have merit in individual situations, but do not necessitate changes in the regulations. Displacing may wish to clarify ui eular matters that aro of concern to them in their operating instructions. Sectionmment. definitional isresponse at teat to acquire at notice efrelocetion, ,