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Published byDaniela Hodge Modified over 9 years ago
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2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”
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Page 2 2010 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
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Page 3 2010 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
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Page 4 2010 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: http://www.hud.gov/offices/cpd/library/reloc ation/publications/1041.pdf http://www.hud.gov/offices/cpd/library/reloc ation/publications/1041.pdf
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Page 5 2010 CDBG Recipients’ Workshop Step 3. Determine “Just Compensation” Just Compensation = Fair Market Value (FMV)… Requires Appraisal and a Review Appraisal Unless…simple acquisition < $10,000.00 Qualifications for Appraisers found in URA regulation Administrative Settlement Exceptions…
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Page 6 2010 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)
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Page 7 2010 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)
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Page 8 2010 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
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Page 9 2010 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
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Page 10 2010 CDBG Recipients’ Workshop Web Resources http://www.hud.gov/offices/cpd/library/relocation /index.cfmhttp://www.hud.gov/offices/cpd/library/relocation /index.cfm http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.hud.gov/offices/cpd/library/relocation /publications/1041.pdf (“When a Public Agency Acquires Your Property” Brochure)http://www.hud.gov/offices/cpd/library/relocation /publications/1041.pdf
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Page 11 2010 CDBG Recipients’ Workshop Rick Huber Email: rhuber@dca.ga.gov Voice: (404) 679-3174 Fax: (404) 679-0565 Pam Truitt Email: ptruitt@dca.ga.gov Voice: (404) 679-5240 Fax: (404) 679-0565
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