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2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

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Page 1: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

2013 CDBG Recipients’ Workshop

The Uniform Relocation Assistance and Real Property Acquisition Policies Act

September 5-6, 2013

Page 2: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 22013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

ACQUISITION

• “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

Page 3: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 32013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

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 4: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 42013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

Step 1. Notify Property Owner ofIntention to Acquire Property

• This is a PRELIMINARY acquisition notice

• “Notice of Interest” or “Notice of Intent to Acquire”

• Sample letter available upon request

Page 5: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 52013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

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/relocation/publications/1041.pdf

Page 6: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 62013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

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…

Page 7: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 72013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

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 8: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 82013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

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 9: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 92013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

Step 5: Complete Sale ASAP

• Consider community meeting if large # of easements or ROW’s are needed

• Consider “Face-to-Face” contact• 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 10: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 102013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

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 Recorded Deed

Page 11: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 112013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

Web Resources

• http://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)

Page 12: 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition Policies Act September 5-6, 2013

Page 122013 CDBG Recipients' Workshop

Community Finance Division

September 5-6, 2013

Mike Casper

Email: [email protected]

Voice: (404) 679-0594

Pam Truitt

Email: [email protected]

Voice: (404) 679-5240