Page images
PDF
EPUB

(e) Identification of each property to be acquired involving public ownership or other public interest, including public utilities; railroad rights-of-way; schools, churches, and other institutions; cemeteries; pipelines; and separate mineral interests. Submit evidence that the owner will sell or donate the property or consent to condemnation if the LPA does not have the power to acquire the property by eminent domain. (f) Identification of any real property and the type and amount of any personal property that is not to be acquired but which may suffer consequential damages compensable under State or local law. Describe the nature and extent of possible claims and the proposed method of handling claims. (g) Identification of property in which any member of the LPA governing body or of the governing body of the locality or any of the officers or employees of such bodies having a responsible function in connection with the urban renewal program has, or is believed to have, a direct or indirect personal interest, or in which any such interest was held at any time after the filing of a Survey and Planning Application or a Request for Concurrence in Planning ThreeFourths Grant Project With Limited Project Costs (see Chapter 4-1). Identify each property, name and position of the holder of the interest, nature of the interest in the property, and date acquired.

(h) Description of any limited interest in land to be acquired solely to ensure future utilization of the land in conformity with the Urban Renewal Plan. Identify the parcels in which the LPA proposes to acquire such interests and describe the proposed method of acquisition.

(i) Identification of any properties which will involve unusually high acquisition cost.

(j) Description of steps to be taken respecting the removal of restrictions based on race, creed, color, or national origin.

OWNERSHIP DATA

Before preparing the Property Map and contracting for appraisal services, the LPA shall obtain the following data on each parcel:

(1) Name and address of the owner of record.

(2) Legal description of the parcel.

(3) Information on the conveyance to the present owner as follows:

(a) Date of the conveyance.

(b) Book and page of recordation.

(c) Name of the grantor.

(d) Stated consideration.

CHAPTER 4. LAND ACQUISITION PROCEDURES

Section 1. Determination of Acquisition Prices

The LPA may purchase property for a project only after the maximum acquisition prices for the properties to be acquired have been established by the LPA and concurred in by HHFA.

FINAL PREPARATION FOR LAND ACQUISITION

Within 15 days after the effective date of the Contract for Loan and Grant, the LPA shall submit to the HHFA Regional Office its proposed progress schedule for the principal actions that must be completed before opening negotiations with property owners or acquiring any property. The schedule shall show the proposed date for completing the following:

(1) Compliance with all special conditions of the Contract for Loan and Grant which must be met before land is acquired. Furnish separate dates for each land disposal agreement required by the contract to be consummated before acquiring land.

(2) Organization of the LPA for carrying out the land acquisition program.

(3) Submission to HHFA of the proposed form of option or offer to sell to be used in negotiating agreements with owners.

(4) Execution of contracts for the second appraisal and for title and negotiation services.

(5) Execution of contract for land-acquisition legal services, if these services are not to be performed by LPA staff counsel.

(6) Submission to HHFA of the second acquisition appraisals and any supplements to the first appraisal reports.

(7) Submission to HHFA of Form H-6144, Request for Concurrence in Acquisition Prices.

REQUEST FOR HHFA CONCURRENCE IN ACQUISITION PRICES

The LPA shall request HHFA concurrence in proposed maximum acquisition prices and the terms and conditions of acquisition on Form H-6144, Request for Concurrence in Acquisition Prices (Exhibit A).

If the filing of the request is authorized by resolution of the LPA governing body, the resolution may also authorize purchase of the parcels covered by the request within the proposed prices and terms. and conditions, subject to HHFA concurrence.

The maximum acquisition prices proposed by the LPA shall represent the fair market value of each parcel, except when the price is restricted

to a lower amount by a provision below under the heading "Limitations on Charges to Gross Project Cost."

Review of Appraisals

Before preparing the request, the LPA shall review the second appraisals and compare them with the first appraisals to determine whether any change in the properties or in conditions in the project area warrant any change in the first appraisals. To the extent necessary to make proper determinations of acquisition prices, the LPA shall obtain supplemental appraisal reports from the first appraiser. Supplemental appraisals shall be obtained promptly so that the acquisition program will not be delayed.

If there is a wide discrepancy between appraisals on any parcel, the LPA shall endeavor to ascertain the cause of the variation and obtain correction of any errors. If an appraiser submits a supplemental or new report revising his valuation, the original report as well as the supplemental or superseding report shall be transmitted to the HHFA Regional Office with Form H-6144. A superseded appraisal report shall be retained in the LPA files.

The LPA's determinations of proposed maximum acquisition prices shall be made after making on-site reviews of all appraisals of each parcel and after considering any report of unlawful condition or occupancy of the property.

The LPA may request concurrence in separate prices for separate interests in the same parcel, such as a leased fee and leasehold estate. Each interest shall be separately listed and identified. Separate listings are not required for undivided interests. Such interests may be acquired individually, without separate HHFA concurrence, at a price not exceeding the pro rata share of the total maximum acquisition price. Proposed maximum acquisition prices which include fixture damage shall be supported either by a separate appraisal of damage or by a properly made estimate of damage in at least one of the appraisal reports.

Proposed land donations shall be listed on a separate page and clearly identified as donations.

Submission of Request to HHFA

The LPA's request for HHFA concurrence in maximum acquisition prices shall include:

(1) Two signed and two conformed copies of Form H-6144.
(2) One complete, signed set of second acquisition appraisals on all

parcels to be acquired for the project and any supplemental or
additional appraisals obtained by the LPA, unless previously
submitted.

(3) Original and one copy of a statement describing the administra-
tive organization of the LPA for land acquisition and the ar-
rangements made by the LPA for negotiations with owners and
title services.

(4) Original and one copy of the proposed form of option or offer to sell, unless previously submitted.

!

(5) Original and one copy of a statement which shall:

(a) Explain the basis for any proposed maximum acquisition
prices that exceed the highest appraisal, are substantially
below the lowest appraisal, or involve a wide discrepancy
in the appraisals.

(b) State the basis for any proposed prices for the acquisition
of only such interests, less than a fee, to ensure that the
future use of the designated parcels will be in accordance
with the Urban Renewal Plan.

(e) Identify any parcels owned or occupied by the Federal
Government. If any Federally-owned property has been,
or is to be, reported excess to the needs of the Federal
agency having custody of the property, identify it sepa-
rately and exclude it from the list of parcels for which
acquisition prices are proposed.

(d) Identify any property owned by a public entity or a non-
profit institution, if the property was acquired by the pres-
ent owner from the Federal Government for a nominal
consideration or at a discounted price.

(e) Identify any parcels wholly or partly in a proposed right-
of-way for a Federal-aid highway. State whether the LPA
will be reimbursed for the cost of acquisition and demoli-
tion or the State or other public entity will acquire the
right-of-way directly.

(f) Identify any properties owned by the LPA, the local govern-
ment, a member of the LPA governing body, or any officer
or employee of the LPA who exercises a responsible function
in connection with the carrying out of the project. Include
each property so owned at any time after the filing of a
Survey and Planning Application or a Request for Con-
currence in Planning Three-Fourths Grant Project, even
though the property is not at the time of the submission
still in such ownership.

(g) Show the aggregate amount of the proposed maximum acqui-
sition prices.

(6) Proposed revision of Form H-6220, Project Expenditures
Budget, if the aggregate of the proposed maximum acquisition
prices, excluding donations, exceeds the amount set forth in the
approved budget for payments for real estate. (See Section
31-2-3.)

ACTION AFTER HHFA CONCURRENCE

When the LPA receives HHFA concurrence on Form H-6144, the LPA shall acquire the properties in accordance with Section 13-4-2.

After the LPA receives HHFA concurrence in a maximum acquisition price for a parcel, the LPA shall not obtain any supplemental or additional appraisals of the parcel without prior written concurrence of HHFA.

When the LPA receives a supplemental or additional appraisal, it shall submit one copy of the appraiser's report with a request on Form H-6144 for HHFA concurrence either in the previously established maximum acquisition price or in a proposed revised price.

REVISION OF APPROVED PRICE OR OTHER TERMS OR CONDITIONS

The LPA may request HHFA concurrence in a revision of the approved maximum acquisition price or the terms or conditions of acquisition for any parcel.

A proposed revised price shall be consistent with prices that have been paid, or established, for similar properties.

The LPA shall request a revised price whenever the LPA finds that an unacquired property, as appraised, has become materially altered by fire, a revised determination of boundaries, or other cause. The proposed revision may be based on the original appraisals if a sound determination can be made that way. Otherwise the LPA shall obtain supplementary reports from the original appraisers or a new appraisal of the property as altered.

The LPA's request for a revision shall include:

(1) Two signed and two conformed copies of Form H-6144.

(2) One signed copy of any supplemental or additional appraisals
obtained by the LPA on any parcels covered by the request.
(3) LPA's explanation and justification for the proposed revisions.
(4) Proposed revision of Form H-6220, Project Expenditures
Budget, if approval of the requested prices will cause the sum
of the approved maximum acquisition prices to exceed the amount
budgeted for real estate purchases. (See Section 31-2-3.)

LIMITATIONS ON CHARGES TO GROSS PROJECT COST

The limitations on maximum acquisition prices for certain types of properties establish the maximum amount that can be charged to Gross Project Cost for the acquisition of the properties, whether by purchase, donation, or condemnation.

General Limitations

Gross Project Cost shall not include the cost or value of any land acquired by the vacating of streets, alleys, or other public rights-of-way. The LPA shall not acquire, by purchase or donation, any parcel from a public entity which is to redevelop the land under the Urban Renewal Plan.

The charge to Item 1 of Gross Project Cost for land acquired by the project from the LPA or the municipality shall not exceed the cash local grant-in-aid made to the project.

Property of LPA, Local Government, or Certain Officials

If a parcel is owned, or was owned at any time after the filing of a Survey and Planning Application or a Request for Concurrence in Planning Three-Fourths Grant Project, by (a) the LPA, (b) the municipality, (c) a member of the LPA governing body, or (d) an officer or employee of the LPA who exercises any responsible function in

« PreviousContinue »