Arkansas Legal Resource Navigator

42 U.S.C. § 4655 — Requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to State; payment of litigation expenses in certain cases

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4655 — Requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to State; payment of litigation expenses in certain cases

**(a)** Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, an acquiring agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after January 2, 1971, unless he receives satisfactory assurances from such acquiring agency that— (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in [section 4651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4651&num=0&edition=prelim) and the provisions of [section 4652 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4652&num=0&edition=prelim), and (2) property owners will be paid or reimbursed for necessary expenses as specified in sections 4653 and 4654 of this title. **(b)** For purposes of this section, the term “acquiring agency” means— (1) a State agency (as defined in [section 4601(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4601/3&num=0&edition=prelim)) which has the authority to acquire property by eminent domain under State law, and (2) a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4655

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 40561a6d0644c744553097713d0163b316b756d7b8c22a6869fad3ea7faf66aa. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_24cb40597efd042cc99b45a5
Source file: Laws/federal/codes/united-states-code/title-42/section-4655-requirements-for-uniform-land-acquisition-policies-payments-of-expenses--966bf4771e.md
Pages: Not recorded – Not recorded
Passage SHA-256: 39ce12b4c110fbf29e8971d749376b1ea4a4d01260389e7dd5b9dd443ad74b37

Source location: Title 42, Chapter 61, § 4655; chapter-061-uniform-relocation-assistance-and-real-property-acquisition-policies-for-federal-and-federally-assisted-programs.md

Stored source content

**(a)** Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, an acquiring agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after January 2, 1971, unless he receives satisfactory assurances from such acquiring agency that— (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in [section 4651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4651&num=0&edition=prelim) and the provisions of [section 4652 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4652&num=0&edition=prelim), and (2) property owners will be paid or reimbursed for necessary expenses as specified in sections 4653 and 4654 of this title. **(b)** For purposes of this section, the term “acquiring agency” means— (1) a State agency (as defined in [section 4601(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4601/3&num=0&edition=prelim)) which has the authority to acquire property by eminent domain under State law, and (2) a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4652 — Buildings, structures, and improvements

**(a)** Notwithstanding any other provision of law, if the head of a Federal agency acquires any interest in real property in any State, he shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which he requires to be removed from such real property or which he determines will be adversely affected by the use to which such real property will be put. **(b)** (1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the United States all his right, title, and interest in and to such improvements. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain pa

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4652

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4633 — Duties of lead agency

**(a) General provisions** The head of the lead agency shall— (1) develop, publish, and issue, with the active participation of the Secretary of Housing and Urban Development and the heads of other Federal agencies responsible for funding relocation and acquisition actions, and in coordination with State and local governments, such regulations as may be necessary to carry out this chapter; (2) provide, in consultation with the Attorney General (acting through the Commissioner of the Immigration and Naturalization Service), through training and technical assistance activities for displacing agencies, information developed with the Attorney General (acting through the Commissioner) on proper implementation of [section 4605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605&num=0&edition=prelim); (3) ensure that displacing agencies implement [section 4605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605&num=0&edition=prelim) fairly and without discrimination in accordance with [section 4605(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605/b/2/B&num=0&edition=prelim); (4) ensure that relocation assistance activities under this chapter are coordinated with low-income housing assistance programs or projects by a Federal agency or a State or State agency with Federal financial assistance; (5) monitor, in coordination with other Federal agencies, the implementation and enforcement of this chapter and report to the Congress, as appropriate, on any major issues or problems with respect to any policy or other provision of this chapter; and (6) perform such other duties as may be necessary to carry out this chapter. **(b) Regulat

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4633

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4651 — Uniform policy on real property acquisition practices

In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies: (1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation. (2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property, except that the head of the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value. (3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency’s approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4651

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4601 — Definitions

As used in this chapter— (1) The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law. (2) The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. (3) The term “State agency” means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law. (4) The term “Federal financial assistance” means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia. (5) The term “person” means any individual, partnership, corporation, or association. (6) (A) The term “displaced person” means, except as provided in subparagraph (B)— (i) any person who moves from real property, or moves his personal property from real property— (I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4601

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4655 — Requirements for uniform land acquisi-

Page 6212 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4653 ture, or other improvement required to be ac- quired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obliga- tion of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or im- provement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or im- provement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection shall not re- sult in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved dis- claims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the United States all his right, title, and inter- est in and to such improvements. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection. (Pub. L. 91–646, title III, § 302, Jan. 2, 1971, 84 Stat. 1905.) § 4653. Expenses incidental to transfer of title to United States The head of a Federal agency, as soon as prac- ticable after the date of payment of the pur- chase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding t

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4655

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.