Q = Question; A = Answer
A. There is no statutory or regulatory requirement that you complete the acquisition of real estate prior to contracting for the construction. However, it would be prudent to attempt to minimize compensable delays to the construction contractor, caused by real estate acquisition problems, for which you would be responsible. (Reviewed: September 2010)
A. Real property must be acquired, managed, and used in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601-4655 and 49 C.F.R. part 24, the implementing regulation. Real property is defined in 49 C.F.R. § 18.3 as "land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment." The acquisition of easements and rights of way are also considered real estate acquisitions.
Real property acquisition, use and disposal is covered by FTA Circular 5010.1D, Chapter IV; 49 C.F.R. part 18.31; 49 C.F.R. part 24, subpart B; and by the FTA Master Agreement, Section 19.1. It is important that the grantee be familiar with the requirements established by FTA in Circular 5010.1D, Chapter IV. This circular establishes procedures to be followed by grantees in the following areas:
A. The Common Grant Rule at 49 C.F.R. § 18.24 "Matching or Cost Sharing" authorizes grantees to use land as an in-kind local match for Federal funds. FTA's administration of this authority is in FTA Circular 5010.1D, "Grant Management Requirements," Chapter IV.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, at 42 U.S.C. § 4627, establishes the requirement that a grantee must use federal procedures to purchase land with local funds if it intends to use the land value as an in-kind match. The DOTís implementing regulations are found in 49 C.F.R. part 24. (Revised: September 2010)
A. Federal law and regulations do not require two appraisals. FTA requires one appraisal and an independent review of that appraisal.
A. There is no Federal requirement to make an Agency's appraisal available to a property owner. This is controlled by State law or Agency preference.
A. The term "bids" is not clear. If you mean "appraisals,Ē there is no such requirement.
A. The offer made to a property owner may not be less than the approved appraisal. There can be differences in valuation based on that approved appraisal. See §24.102. (Posted: December, 2011)
A. Concerning whether a new purchase (price) offer needs to be submitted to the property owner when you need "additional rights" after an initial offer has already been made:
The applicable Federal rules that might address your situation are found in the regulations issued under the federal Uniform Assistance and Real Property Relocation Act, 49 CFR Part 24. Under the Uniform Act, you must offer "just compensation" (i.e., fair market value supported by an appraisal and review appraisal) to the property owner. Also, pursuant to 49 CFR Section 24.102(h), if there is any "material" change in either the character or condition of the property, a new appraisal must be conducted and a new offer of "just compensation" must be made.
In your case, if the "additional rights" are a material change to the property or property rights sought to be acquired, a new appraisal (and review appraisal) must be conducted and a new offer made to the property owner. (Posted: January, 2012)
A. You should contact your regional FTA office for assistance with this question. (Posted: August, 2013)