(b) No payment received under this chapter shall be considered as income for the purposes of the Internal Revenue Code of 1954, or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other Federal law. § 508. Relocation services (a) Each State shall provide a relocation advisory assistance program which shall include such measures, facilities, or services as may be necessary or appropriate in order— (1) to determine the needs, if any, of displaced families, individuals, business concerns, and farm operators for relocation assistance; (2) to assure that, within a reasonable period of time, prior to displacement there will be available, to the extent that can reasonably be accomplished, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, housing meeting the standards established by the Secretary for decent, safe, and sanitary dwellings, equal in number to the number of, and available to, such displaced families and individuals and reasonably accessible to their places of employment; (3) to assist owners of displaced businesses and displaced farm operators in obtaining and becoming established in suitable locations; and (4) to supply information concerning the Federal Housing Administration home acquisition program under section 221(d) (2) of the National Housing Act, the small business disaster loan program under section 7(b) (3) of the Small Business Act, and other State or Federal programs offering assistance to displaced persons. (b) Nothing in this chapter shall be construed to prohibit any person from exercising any right or remedy available to him under State law with respect to any action of a State agency in carrying out this chapter. § 509. Relocation assistance programs on Federal highway projects Notwithstanding any other provision of law, on and after the effective date of this title any Federal agency which acquires real property for use in connection with a highway project authorized by section 107 and chapter 2 of this title or any other Federal law shall, in accordance with regulations issued by the Secretary, provide the payments and services described in sections 502, 505, 506, 507, and 508 of this title. When real property is acquired by a State or local governmental agency for such a Federal project for purposes of this chapter, the acquisition shall be deemed an acquisition by the Federal agency having authority over such project. § 510. Authority of the Secretary (a) To carry into effect the provisions of this chapter, the Secretary is authorized to make such rules and regulations as he may determine to be necessary to assure (1) that the payments authorized by this chapter shall be fair and reasonable and as uniform as practicable; (2) that a displaced person who makes proper application for a payment authorized for such person by this chapter shall be paid promptly after a move or, in hardship cases, be paid in advance; and (3) that any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have his application reviewed by the head of the State agency making such determination. (b) The Secretary may make such other rules and regulations consistent with the provisions of this chapter as he deems necessary or appropriate to carry out this chapter. § 511. Definitions As used in this chapter (1) The term "person" means— (A) any individual, partnership, corporation, or association which is the owner of a business; (B) any owner, part owner, tenant, or sharecropper who operates a farm; (C) an individual who is the head of a family; or (2) The term "family" means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. (3) The term "displaced person" means any person who moves from real property on or after the effective date of this chapter as a result of the acquisition or reasonable expectation of acquisition of such real property, which is subsequently acquired, in whole or in part, for a Federal-aid highway, or as the result of the acquisition for a Federal-aid highway of other real property on which such person conducts a business or farm operation. (4) The term "business" means any lawful activity conducted primarily (Å) for the purchase and resale, manufacture, processing, or marketing of products, commodities, or any other personal property; (B) for the sale of services to the public; or (C) by a nonprofit organization. (5) The term "farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (6) The term "Federal agency" means any department, agency, or instrumentality in the executive branch of the Government and any corporation wholly owned by the Government. (7) The term "State agency" means a State highway department or any agency designated by a State highway department to administer the relocation assistance program authorized by this chapter. COMPENSATION OF CONDEMNEES EXCERPTS FROM HOUSING AND URBAN DEVELOPMENT ACT OF 1965 [Public Law 89-117, 79 Stat. 451, 485, 42 U.S.C. 3071] TITLE IV-COMPENSATION OF CONDEMNEES DEFINITIONS SEC. 401. For the purposes of this title— (1) the term "development program" means any program established by or conducted under any of the following provisions of law: A) the United States Housing Act of 1937;1 3 (C) the Urban Mass Transportation Act of 1964; 3 (F) title VII of the Housing and Urban Development Act of 1965: 6 (2 the term "Federal assistance" means a grant, loan, contract of guaranty, annual contribution, or other assistance provided by the United States; (3) the term "applicant" means any public body or other agency authorized to receive Federal assistance under a development program; (4) the term "real property" means any land, or any interest in land, and (A) any building, structure, or other improvements embedded in or affixed to land, and any article so affixed or attached to such building, structure, or improvement as to be an essential or integral part thereof; (B) any article affixed or attached to such real property in such manner that it cannot be removed without material injury to itself or the real property: and (C) any article so designed, constructed, or specially adapted to the purpose for which such real property is used that (i) it is an essential accessory or part of such real property, (ii) it is not capable of use elsewhere, and (iii) it would lose substantially all its value if removed from the real property; and (5) the term "Secretary" means the Secretary of Housing and Urban Development." 1 Low-rent public housing. 2 Urban renewal. * Mass transportation. Public facility loans. 5 Open space land and urban beautification. Public facilities and neighborhood facilities grants. 7 See Reorganization Plan No. 2 of 1968, which transferred functions relating to mass transportation to the Secretary of Transportation. LAND ACQUISITION POLICY SEC. 402. As a condition of eligibility for Federal assistance pursuant to a development program, each applicant for such assistance shall satisfy the Secretary that the following policies will be followed in connection with the acquisition of real property by eminent domain in the course of such program— (1) the applicant shall make every reasonable effort to acquire the real property by negotiated purchase; (2) no owner shall be required to surrender possession of real property before the applicant pays to the owner (A) the agreed purchase price arrived at by negotiation, or (B) in any case where only the amount of the payment to the owner is in dispute, not less than 75 per centum of the appraised fair value of such property as approved by the applicant; and (3) the construction or development of any public improvements shall be so scheduled that no person lawfully occupying the real property shall be required to surrender possession on account of such construction or development without at least 90 days' written notice from the applicant of the date on which such construction or development is scheduled to begin. FUNDS FOR CERTAIN PAYMENTS IN EMINENT DOMAIN SEC. 403. Notwithstanding any other provision of law, financial assistance under any federally assisted development program may include amounts necessary for financing, in the same manner that other costs of a project assisted under such program are financed, the payments described in paragraph (2) (B) of section 402 of this Act. RELOCATION PAYMENTS UNDER FEDERALLY ASSISTED DEVELOPMENT PROGRAMS SEC. 404. (a) To the extent not otherwise authorized under any Federal law, financial assistance extended to an applicant under any federally assisted development program may include grants for relocation payments, as herein defined. Such grants may be in addition to other financial assistance under such federally assisted development programs, and may cover the full amount of such relocation payments. Any funds available for any such program may be used for such grants. The term "relocation payments" means payments by the applicant, to a displaced individual, family, business concern, or nonprofit organization, which are made on such terms and conditions and subject to such limitations (to the extent applicable, but not including the date of displacement) as are provided for relocation payments, at the time such payments are approved, by sections 114 (b), (c), and (d) of the Housing Act of 1949 with respect to projects assisted under title I thereof. Relocation payments authorized by this subsection shall be made subject to such rules and regulations as may be prescribed by the Secretary. Approved August 10, 1965. URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES See also: Sec. 3, Department of Housing and Urban Development.... Sec. 9, Urban Mass Transportation Act, 1964-- Sec. 101 (d), Housing Act of 1949 (urban renewal) Page 875 481 359 Sec. 106, Demonstration Cities and Metropolitan Development Act of 1966 EXCERPTS FROM THE DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966 [Public Law 89-754, 80 Stat. 1255, 1282, 42 U.S.C. 3351] TITLE IX-URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES PURPOSE SEC. 901. It is the purpose of this title to assist States to make available information and data on urban needs and assistance programs and activities, and to provide technical assistance, to small communities with respect to the solution of urban problems. GRANT AUTHORITY SEC. 902. (a) The Secretary is authorized to make grants to States to help finance programs to provide information and data on urban needs and assistance programs and activities, and to provide technical assistance, to small communities with respect to the solution of local problems. Activities aided by such grants may include (1) the assembly, correlation, and dissemination of urban physical, social, and economic development information and data for the purpose of informing local governments of small communities, and interested organizations and individuals, of the availability and status of Federal, State, and local programs and other resources and data for the solution of urban problems; and (2) providing technical assistance with respect to the solution of urban problems to any small community requesting such assistance. (b) A program assisted under this section shall (1) specify the information and technical assistance activities to be carried on and justify the needs for the costs of such activities; and (2) represent substantially increased or improved activities on the part of the applicant State agency. |