The Uniform Relocation Assistance and Real Property Acquisition Policies Act ("Uniform Act") (42 U.S.C. 4601 et seq.) sets forth the basic responsibilities of Federal, State, and local government entities and, under certain conditions, private parties, to provide assistance to persons who are displaced by, and forced to relocate for, a Federal or federally-assisted program or project. It also establishes basic policies that govern the acquisition practices to be used when the property of others is needed for a Federal or federally-assisted program or project. Its overarching purpose is to provide some fundamental protections to persons forced to sell property or to move from property as the result of a Federal or federally-assisted project.
=> To what projects does the Uniform Act apply?
The Uniform Act applies to all Federal projects or projects receiving Federal financial assistance.
=> What does the Uniform Act require?
The Uniform Act provides three basic protections for persons whose property is acquired or who are displaced as a result of a Federal or federally-assisted project:
• An acquisition process to ensure the seller receives fair market value for the property. This process includes, among others, the provision of notice and appraisal by an independent appraiser.
• Relocation benefits for the seller. This includes the cost of moving and assistance in finding comparable housing or replacement business premises. These benefits are triggered when the property is acquired.
• Relocation benefits for tenants. This includes fair payment for improvements, the cost of moving, and assistance in finding comparable housing or replacement business premises. These benefits are triggered when a tenant is required to move as a result of a displacing activity associated with a Federal or federally-assisted project.
=> How does the Uniform Act apply to private entities that purchase right-of-way used in Federal or federally-assisted projects?
The requirements of the Uniform Act may apply to a private entity if it purchases right-of way that is used in a Federal or federally-assisted highway project. The application of the Uniform Act will depend on the degree to which the activities of the private entity can be fairly attributable to the State or can be said to be undertaken "for a federally assisted project." Specifically, the Uniform Act:
-> Does not apply to wholly independent activity: The Uniform Act does not cover the independent acquisition and displacement activities of a private entity that do not involve the use of Federal funds. Truly independent actions taken by a private entity, where the risk and cost are borne by the private entity, are not covered by the Act.
-> Applies fully when the private entity acts on behalf of the State: All of the requirements of the Uniform Act apply when a private entity acting on behalf of the State, by virtue of a formal or informal agreement, acquires the property that is needed for a federally-assisted project as a way of expediting the progress of that project to benefit both the private and public sector interest. For example, if a private developer offered to acquire property needed for a federally-assisted project to reduce the cost to the State so that the State would expedite the schedule for delivery of the project, the activities of the private developer must comply with the Uniform Act. Because of the relationship or understanding that exists between the State and the developer, the State, as the Federal-aid recipient, is responsible for ensuring compliance with the Uniform Act requirements. The State is not allowed to evade the Uniform Act by doing indirectly (through a third party) what it could not do directly.
-> Factors to consider to determine whether the developer's activities are attributable to the State: The Federal agency providing Federal assistance to a project must determine if the Uniform Act has been complied with as part of its decision to provide funding. In making this determination, the Federal agency will typically consider factors such as (1) the existence or absence of agreements between the developer and the State, (2) the degree to which decisions made by the developer or by the State are coordinated or interdependent, even in the absence of any written agreement, (3) the risk borne by the developer in acquiring the property should no project go forward, (4) the existence of any financial or other benefit to the developer from the State or vice versa that is connected to the property acquisition, (5) the timing of the acquisition in relation to other steps in the project development process, and (6) the degree of involvement by the State in facilitating the acquisition of property by the developer.
Also, it should be noted that the acquisition policies and practices required by the Uniform Act vary depending upon whether the acquisition by the State or the developer is made with or without the threat of the use of eminent domain power.
For more information regarding the acquisition of property for Federal-aid highway projects, see Real Estate Acquisition Guide for Local Public Agencies at http://www.fhwa.dot.gov/realestate/lpaguide/toc.htm, Program development Guide for right-of-way projects, at http://www.fhwa.dot.gov/realestate/pdg.htm and Acquiring Real Property for Federal and Federal-aid and Programs and Projects, at http://www.fhwa.dot.gov/realestate/realprop/index.html.