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
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