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Understanding Federal, State, and Local Agency Roles Under the Uniform Relocation Act

This guide provides an overview of the roles and responsibilities of Federal, State, and Local agencies under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Learn about the key regulations, including the FHWA and State DOT responsibilities, property acquisition procedures, and the importance of compliance to preserve federal funding. The document outlines typical issues faced during property acquisition, offers insights on best practices, and emphasizes the need for adequate advisory services to displacees. Discover resources for further guidance.

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Understanding Federal, State, and Local Agency Roles Under the Uniform Relocation Act

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Presentation Transcript

  1. Federal/State/Local Agency Partnership Under the Uniform ActRegulations, Roles and Responsibilities

  2. What We Are Here to Learn! • FHWA Responsibilities • State Responsibilities • Local Agency (LPA) Responsibilities

  3. The Uniform Relocation Act • Public Law 91-646 (1/2/71) amended by Public Law 100-17 (STURAA 1987) • Title – General (definitions) • Title II—Uniform Relocation Assistance • Title III—Uniform Real Property Acquisition Policy

  4. Implementing Federal Regulations • 49 CFR Part 24 – implements the Uniform Relocation Act • 23 CFR Part 710 – R/W program administration

  5. Basic Requirements of 49 CFR Part 24 • Appraise FMV of property to be acquired • Review appraisals • Offer no less than FMV, in writing • Afford property owner adequate time to consider offer • Relocate residences, businesses, others • Provide relocation advisory services

  6. Basic Requirements of 23 CFR Part 710 • State must be adequately staffed & organized • State must have a R/W manual • State may enter into agreements w/locals • Certify R/W clear before construction • Manage real property and airspace • Advance acquisition alternatives

  7. Program Oversight Requirement • State shall assure “…that acquisitions and disposals are made in compliance with legal requirements of State and Federal laws & regulations.” [710.201(b)]

  8. State Responsibility to Local Agencies • May enter into agreements w/local agencies • Must monitor those agencies • Must inform agencies of requirements • Must impose sanctions in cases of material noncompliance [710.201(h)]

  9. Local Agency Responsibilities • May enter into agreements w/State DOT • Must comply with URA • Must comply w/SDOT requirements • Must answer to SDOT in cases of material noncompliance [710.201(h)]

  10. Some Typical Problems • Acquiring property before NEPA clearance • Acquiring property without an appraisal • Acquiring property “the old fashioned way” • Negotiating closing costs/incidental expenses • Going from partial to total take w/o justification • Inadequate advisory assistance to displacees • Certifying before ROW clear

  11. Federal Funding Agency Responsibility • Did you know that there are more than 50 ways to lose your money? • FHWA encourages States and LPAs to follow the requirements in order to preserve federal funding in their projects, but…… • Noncompliance with Federal AND State/LPA regulations may require FHWA to pull funds from a particular item, a particular parcel, or the entire project.

  12. A Few of the “50” • Don’t offer just compensation based on an approved appraisal of FMV (or waiver offer). • Don’t allow property owner adequate time to consider the offer. • Use coercion to convince a property owner to sign. • Request the owner to waive their relocation benefits.

  13. A Few More of the “50” • Don’t document your actions (the Braswell rule). • Cut corners to save money (“we don’t have time to do that!!”). • Acquire ROW in advance of NEPA without following the regulations.

  14. Where to get more information www.fhwa.dot.gov/realestate

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