2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition...
Transcript of 2013 CDBG Recipients’ Workshop The Uniform Relocation Assistance and Real Property Acquisition...
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 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 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
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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 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…
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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 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 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 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
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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 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