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What We Are Here to Learn!

Federal/State/Local Agency Partnership Under the Uniform Act Regulations, Roles and Responsibilities. What We Are Here to Learn!. FHWA Responsibilities State Responsibilities Local Agency (LPA) Responsibilities. The Uniform Relocation Act.

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What We Are Here to Learn!

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  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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