2010 cdbg recipients’ workshop acquisition “the uniform relocation assistance and real property...
TRANSCRIPT
2010 CDBG Recipients’ Workshop
ACQUISITION
“The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”
Page 22010 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 32010 CDBG Recipients’ Workshop
Step 1. Notify Property Owner ofIntention 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 42010 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/relocation/publications/1041.pdf
Page 52010 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…
Page 62010 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 72010 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 82010 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 92010 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 102010 CDBG Recipients’ Workshop
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 112010 CDBG Recipients’ Workshop
Rick Huber
Email: [email protected]
Voice: (404) 679-3174
Fax: (404) 679-0565
Pam Truitt
Email: [email protected]
Voice: (404) 679-5240
Fax: (404) 679-0565