Federal/State/Local Agency Partnership Under the Uniform Act

Regulations, Roles and Responsibilities

What We Are Here to Learn!

FHWA Responsibilities

State Responsibilities

Local Agency (LPA) Responsibilities

The Uniform Relocation Act

Public Law 91-646 (1/2/71) amended by Public Law 100-17 (STURAA 1987)

Title – General (definitions)

Title II—Uniform Relocation Assistance

Title III—Uniform Real Property Acquisition Policy

Implementing Federal Regulations

49 CFR Part 24 – implements the Uniform Relocation Act

23 CFR Part 710 – R/W program administration

Basic Requirements of 49 CFR Part 24

1. Appraise FMV of property to be acquired

2. Review appraisals

3. Offer no less than FMV, in writing

4. Afford property owner adequate time to consider offer

5. Relocate residences, businesses, others

6. Provide relocation advisory services

Basic Requirements of 23 CFR Part 710

1. State must be adequately staffed & organized

2. State must have a R/W manual

3. State may enter into agreements w/locals

4. Certify R/W clear before construction

5. Manage real property and airspace

6. Advance acquisition alternatives

Program Oversight Requirement

State shall assure “…that acquisitions and disposals are made in compliance with legal requirements of State and Federal laws & regulations.”

[710.201(b)]

State Responsibility to Local Agencies

1. May enter into agreements w/local agencies

2. Must monitor those agencies3. Must inform agencies of

requirements4. Must impose sanctions in cases of

material noncompliance [710.201(h)]

Local Agency Responsibilities

1. May enter into agreements w/State DOT

2. Must comply with URA3. Must comply w/SDOT

requirements4. Must answer to SDOT in cases of

material noncompliance [710.201(h)]

Some Typical Problems Acquiring property before NEPA clearance Acquiring property without an appraisal Acquiring property “the old fashioned way” Negotiating closing costs/incidental expenses Going from partial to total take w/o justification Inadequate advisory assistance to displacees Certifying before ROW clear

Federal Funding Agency Responsibility Did you know that there are more than 50

ways to lose your money? FHWA encourages States and LPAs to follow

the requirements in order to preserve federal funding in their projects, but……

Noncompliance with Federal AND State/LPA regulations may require FHWA to pull funds from a particular item, a particular parcel, or the entire project.

A Few of the “50” Don’t offer just compensation based on an

approved appraisal of FMV (or waiver offer). Don’t allow property owner adequate time to

consider the offer. Use coercion to convince a property owner to

sign. Request the owner to waive their relocation

benefits.

A Few More of the “50” Don’t document your actions (the Braswell

rule). Cut corners to save money (“we don’t have

time to do that!!”). Acquire ROW in advance of NEPA without

following the regulations.

Where to get more information

www.fhwa.dot.gov/realestate