2010 cdbg recipients’ workshop acquisition “the uniform relocation assistance and real property...

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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 1: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

2010 CDBG Recipients’ Workshop

ACQUISITION

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

Page 2: 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 3: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 4: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 5: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 6: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 7: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 8: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 9: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 10: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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 11: 2010 CDBG Recipients’ Workshop ACQUISITION “The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970”

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