2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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Presentation transcript:

2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

Page CDBG Recipients’ Workshop 5 BASIC STEPS TO ACQUISITION 1.NOTIFY property owner of intention to acquire property 2.NOTIFY property owner & tenants of their “URA Protections” 3.DETERMINE “Just Compensation” (FMV) 4.OFFER Just Compensation 5.COMPLETE sale as expeditiously as possible

Page CDBG Recipients’ Workshop Step 1. Notify Property Owner of Intention to Acquire Property This is a PRELIMINARY acquisition notice “Notice of Interest” or “Notice of Intent to Acquire” Optional: “Statement of Owners Determination” Sample letter available upon request

Page CDBG Recipients’ Workshop Step 2. Notify Property Owner & Tenants of their URA Protections Essential: Send the HUD Brochure with the Notice of Intent! (see Step 1) It’s called “When a Public Agency Acquires your Property” It can be found at the following site: ation/publications/1041.pdf ation/publications/1041.pdf

Page CDBG Recipients’ Workshop Step 3. Determine “Just Compensation” Just Compensation = Fair Market Value (FMV)… Requires Appraisal and a Review Appraisal Unless…simple acquisition < $10, Qualifications for Appraisers found in URA regulation Administrative Settlement Exceptions…

Page CDBG Recipients’ Workshop Step 3, “Just Compensation” continued For simple acquisitions < $10,000: Appropriate valuation methodology must be used (tax records, for example) Owner still has right to appraisal For Property Donations: Owner must be informed of appraisal & just compensation rights Waiver must be provided by owner in writing (use HUD Form)

Page CDBG Recipients’ Workshop Step 4: Offer Just Compensation “Notice of Just Compensation and Summary Statement” This is a written purchase offer Must summarize basis for the offer, including… i.Property Description ii.ID of any bldgs, equipment & fixtures included (again - samples available)

Page CDBG Recipients’ Workshop Step 5: Complete Sale ASAP Consider community meeting if large # of easements or ROW’s are needed Consider “Face-to-Face” Agency must consider owner’s viewpoints & may update appraisal as a result All property transfer costs must be paid by agency Deed should be filed at courthouse

Page CDBG Recipients’ Workshop We will monitor your file for… List of Acquired Properties Evidence that all Notices were Sent Copies of Any Waivers Copy of Appraisal & Review Appraisal Property Description Closing or Settlement Statement Evidence of Payment Evidence of Property Transfer & Copy of Deed

Page CDBG Recipients’ Workshop Web Resources /index.cfmhttp:// /index.cfm /publications/1041.pdf (“When a Public Agency Acquires Your Property” Brochure) /publications/1041.pdf

Page CDBG Recipients’ Workshop Rick Huber Voice: (404) Fax: (404) Pam Truitt Voice: (404) Fax: (404)