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42 U.S.C. § 4652 — Buildings, structures, and improvements
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_82a72a1f26ea7d315ef4c7e7
Source file: Laws/federal/codes/united-states-code/title-42/section-4652-buildings-structures-and-improvements--7bea768fed.md
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Source location: Title 42, Chapter 61, § 4652; chapter-061-uniform-relocation-assistance-and-real-property-acquisition-policies-for-federal-and-federally-assisted-programs.md
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**(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 payment for such property interests in accordance with applicable law, other than this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Page 6211
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4652
as just compensation. Where appropriate the
just compensation for the real property acquired
and for damages to remaining real property
shall be separately stated.
(4) No owner shall be required to surrender
possession of real property before the head of
the Federal agency concerned pays the agreed
purchase price, or deposits with the court in ac-
cordance with section 3114(a) to (d) of title 40,
for the benefit of the owner, an amount not less
than the agency’s approved appraisal of the fair
market value of such property, or the amount of
the award of compensation in the condemnation
proceeding for such property.
(5) The construction or development of a pub-
lic improvement shall be so scheduled that, to
the greatest extent practicable, no person law-
fully occupying real property shall be required
to move from a dwelling (assuming a replace-
ment dwelling as required by subchapter II will
be available), or to move his business or farm
operation, without at least ninety days’ written
notice from the head of the Federal agency con-
cerned, of the date by which such move is re-
quired.
(6) If the head of a Federal agency permits an
owner or tenant to occupy the real property ac-
quired on a rental basis for a short term or for
a period subject to termination by the Govern-
ment on short notice, the amount of rent re-
quired shall not exceed the fair rental value of
the property to a short-term occupier.
(7) In no event shall the head of a Federal
agency either advance the time of condemna-
tion, or defer negotiations or condemnation and
the deposit of funds in court for the use of the
owner, or take any other action coercive in na-
ture, in order to compel an agreement on the
price to be p
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4652
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