42 U.S.C. § 4651 — Uniform policy on real property acquisi-

Page 6210 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4637 son for assistance under the Social Security Act [42 U.S.C. 301 et seq.] or any other Federal law (except for any Federal law providing low-in- come housing assistance). (Pub. L. 91–646, title II, § 216, Jan. 2, 1971, 84 Stat. 1902; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–17, title IV, § 413, Apr. 2, 1987, 101 Stat. 255.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 1305 of this title and Tables. AMENDMENTS 1987—Pub. L. 100–17 inserted ‘‘(except for any Federal law providing low-income housing assistance)’’ before period at end. 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. § 4637. Repealed. Pub. L. 100–17, title IV, § 415, Apr. 2, 1987, 101 Stat. 255 Section, Pub. L. 91–646, title II, § 217, Jan. 2, 1971, 84 Stat. 1902, related to displacement by code enforce- ment, rehabilitation, and demolition programs receiv- ing Federal assistance. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on effective date provided in regula- tions promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as an Effective Date of 1987 Amend- ment note under section 4601 of this title. § 4638. Transfers of surplus property The Administrator of General Services is au- thorized to transfer to a State agency for the purpose of providing replacement housing re- quired by this subchapter, any real property sur- plus to the needs of the United States within the meaning of chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Such transfer shall be subject to such terms and con- ditions as the Administrator determines nec- essary to protect the interests of the United States and may be made without monetary con- sideration, except that such State agency shall pay to the United States all net amounts re- ceived by such agency from any sale, lease, or other disposition of such property for such hous- ing. (Pub. L. 91–646, title II, § 218, Jan. 2, 1971, 84 Stat. 1902; Pub. L. 100–17, title IV, § 414, Apr. 2, 1987, 101 Stat. 255.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Fed- eral Property and Administrative Services Act of 1949, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Pub- lic Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1987—Pub. L. 100–17 inserted ‘‘net’’ after ‘‘all’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. SUBCHAPTER III—UNIFORM REAL PROPERTY ACQUISITION POLICY § 4651. Uniform policy on real property acquisi- tion practices In order to encourage and expedite the acqui- sition of real property by agreements with own- ers, 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 ac- quisition 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 op- portunity 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 acqui- sition 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 prop- erty for the full amount so established. In no event shall such amount be less than the agen- cy’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 improve- ment for which such property is acquired, or by the likelihood that the property would be ac- quired for such improvement, other than that due to physical deterioration within the reason- able 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 property to be ac- quired with a written statement of, and sum- mary of the basis for, the amount he established 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 paid for the property. (8) If any interest in real property is to be ac- quired by exercise of the power of eminent do- main, the head of the Federal agency concerned shall institute formal condemnation pro- ceedings. No Federal agency head shall inten- tionally make it necessary for an owner to insti- tute legal proceedings to prove the fact of the taking of his real property. (9) If the acquisition of only a portion of a property would leave the owner with an uneco- nomic remnant, the head of the Federal agency concerned shall offer to acquire that remnant. For the purposes of this chapter, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner’s property and which the head of the Federal agency concerned has determined has little or no value or utility to the owner. (10) A person whose real property is being ac- quired in accordance with this subchapter may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part there- of, any interest therein, or any compensation paid therefor to a Federal agency, as such per- son shall determine. (Pub. L. 91–646, title III, § 301, Jan. 2, 1971, 84 Stat. 1904; Pub. L. 100–17, title IV, § 416, Apr. 2, 1987, 101 Stat. 255.) Editorial Notes REFERENCES IN TEXT Subchapter II, referred to in par. (5), was in the origi- nal ‘‘title II’’, meaning title II of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1895, which is classified principally to sub- chapter II of this chapter. For complete classification of title II to the Code, see Short Title note set out under section 4601 of this title and Tables. This chapter, referred to in par. (9), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables. This subchapter, referred to in par. (10), was in the original ‘‘this title’’, meaning title III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables. CODIFICATION In par. (4), ‘‘section 3114(a) to (d) of title 40’’ sub- stituted for ‘‘section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. AMENDMENTS 1987—Par. (2). Pub. L. 100–17, § 416(a), inserted provi- sion respecting the waiver of appraisal in cases involv- ing the acquisition of property with a low fair market value. Par. (9). Pub. L. 100–17, § 416(b), amended par. (9) gen- erally. Prior to amendment, par. (9) read as follows: ‘‘If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire the en- tire property.’’ Par. (10). Pub. L. 100–17, § 416(c), added par. (10). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. SAVINGS PROVISION Pub. L. 91–646, title III, § 306, Jan. 2, 1971, 84 Stat. 1907, provided in part that: ‘‘Any rights or liabilities now ex- isting under prior Acts or portions thereof shall not be affected by the repeal of such prior Act or portions thereof under this section [repealing sections 3071 to 3073 of this title, section 141 of Title 23, Highways, and section 596 of Title 33, Navigation and Navigable Wa- ters].’’ § 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 build- ings, 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 af- fected 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, struc-