EP 1165-2-1
30 Jul 99
conveying his or her property to the sponsor or the United States,
such as recording fees, mortgage prepayment penalties, and transfer
taxes. Generally, mineral rights will not be acquired unless
development thereof would interfere with project purposes. However,
mineral rights not acquired will be subordinated to the Federal
Government's right to regulate their development in a manner that will
not interfere with project purposes. Following project authorization
and appropriation of construction funds, public meetings are conducted
in the vicinity of the project to discuss the project, the acquisition
program and acquisition schedule, and to afford landowners an
opportunity to comment. (Chapters 2 and 5, ER 405-1-12)
c. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (Public Law 91-646), as amended.
This legislation provides for uniform and equitable treatment of all
persons displaced from their homes, farms, and businesses as a result
of land acquisition for Federal and Federally-assisted projects. The
Act authorizes reimbursement for actual moving expenses and losses of
personal property resulting from moving for a person displaced from
his or her residence by such a project. In lieu of actual expenses,
such person may elect a fixed payment for a dislocation allowance
according to a schedule established by the Department of
Transportation. Actual reestablishment expenses not to exceed ,000
may be recovered by a displaced small business, farm, or non-profit
organization. Likewise, business or farm operations may be reimbursed
for actual expenses of moving and losses to personal property, or they
may be eligible to choose a fixed payment in lieu of a payment for
actual moving or related expenses. Such fixed payment shall equal the
average annual net earnings of the operation, as computed in
accordance with the implementing regulations, which shall be not less
than
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,000 nor more than ,000. A replacement housing payment is
also provided to enable the displaced person to be relocated in a
comparable replacement dwelling. This payment (up to ,250 for
tenants and ,500 for homeowners) is in addition to the purchase
price paid for the property acquired for the Federal project. These
costs are not included in the project benefit-cost ratio, but they are
allocated to reimbursable purposes. (ER 1165-2-117; Chapter 6, ER
405-1-12)
d. Special Federal Authorities and Policies Pertinent to LERRD
Responsibilities.
(1) Relocation of Public Highways, Public Utilities, Railroads
and Pipelines. Lands necessary for a project are acquired subject to
outstanding easements for public highways, public utilities, railroads
and pipelines. However, when there will be a taking of these
easements, the owner must be compensated. Federal courts have held
that when the Federal Government acquires public highways and public
utilities, the measure of compensation may be the cost of providing
substitute facilities where necessary. Conversely, where there is no
further necessity for such a facility, the Federal Government is only
required to pay nominal consideration for the right-of-way. When
privately-owned roads, pipelines and railroads, are required it may be
in the best interest of the Federal Government to provide for
relocating them since relocation may be the least costly alternative.
A relocated facility should serve the owner in the same manner and
reasonably as well as does the existing facility. However, substitute
roads can be constructed to the standards which the state or
municipality would use in constructing a new road taking into
consideration geography and projected traffic not including project
induced traffic. In project planning, Corps determination of needed
relocations will be based on the foregoing, and related sponsor costs
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