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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:

1

. 3

4

(A) the United States Housing Act of 1937; (B) title I of the Housing Act of 1949; 2 (C) the Urban Mass Transportation Act of 1964; (D) title II of the Housing Amendments of 1955; (E) title VII of the Housing Act of 1961; 5 and (F) title VII of the Housing and Urban Development Act of 1965:

(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 "Administrator" means the Housing and Home Finance Administrator.

LAND ACQUISITION POLICY

SEC. 402. As a condition of eligibility for Federal assistance pursuant to a development program, each applicant for such assistance

1 Low-rent public housing.

2 Urban renewal.

Mass transportation.

4 Public facility loans.

5 Open space land and urban beautification.

Public facilities and neighborhood facilities grants.

shall satisfy the Administrator 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 Administrator.

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URBAN INFORMATION AND TECHNICAL ASSISTANCE

SERVICES

See also:

Page No.

Sec. 3, Department of Housing and Urban Development_

663

Sec. 9, Urban Mass Transportation Act, 1964-

424

Sec. 101 (d), Housing Act of 1949 (urban renewal).

288

Sec. 106, Demonstration Cities and Metropolitan Development Act of 1966

283

Sec. 708, Housing Act of 1961..

434

EXCERPTS FROM THE DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966

[Public Law 89-754, 80 Stat. 1255, 1282]

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.

AMOUNT OF GRANT

SEC. 903. (a) A grant under this section shall not exceed 50 per centum of the cost of the activities carried on under an approved urban information and technical assistance program.

(b) No grant shall be made under this title to assist in assembling data, or providing information, to be used primarily in the day to day operations of State or local governing bodies and agencies.

COOPERATION AND COORDINATION

SEC. 904. (a) Federal departments and agencies shall cooperate with States in providing information to assist in carrying out the purpose of this title.

(b) In the administration of this title, the Secretary shall seek to ensure the greatest practicable coordination of urban information and technical assistance programs established under this title.

DEFINITIONS

SEC. 905. As used in this title

(1) "State" means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or an agency or instrumentality designated by the chief executive of any of the foregoing, or a statewide agency or instrumentality of its political subdivisions designated by such chief

executive.

(2) "Secretary" means the Secretary of Housing and Urban Development.

(3) Small communities" means communities having populations of less than one hundred thousand according to the most recent decennial census.

APPROPRIATIONS

SEC. 906. There are authorized to be appropriated for the purpose of carrying out the provisions of this title not to exceed $2,500,000 for the fiscal year ending June 30, 1967, and not to exceed $5,000,000 for the fiscal year ending June 30, 1968. Appropriations authorized under this section shall remain available until expended.

Approved November 3, 1966.

74-196-67-31

FEDERAL ENABLING LEGISLATION FOR TERRITORIES, LOW-RENT PUBLIC HOUSING AND URBAN RENEWAL

Puerto Rico and Virgin Islands

TERRITORIAL ENABLING ACT OF 1950

[Public Law 615, 81st Congress; 64 Stat. 344, 48 U.S.C. 480, 721, 910, 1408] AN ACT To enable the governments of Alaska, of Hawaii, of Puerto Rico, and of the Virgin Islands to authorize public bodies or agencies to undertake slum clearance, urban redevelopment, and low-rent housing activities including the issuance of bonds and other obligations, to amend the low-rent housing enabling statutes for Alaska and Hawaii, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Territorial Enabling Act of 1950".

TITLE I-SLUM CLEARANCE AND URBAN REDEVELOPMENT AND URBAN RENEWAL1 IN ALASKA, HAWAII, AND PUERTO RICO

SEC. 101. The governments of Alaska, of Hawaii, and of Puerto Rico, each acting through its legislature, may create a public corporate authority or authorities and may authorize such authority or authorities or any other public corporate authority or any municipal corporation or political subdivision, acting directly or through any officer or agency thereof or through a public corporate authority, to undertake slum clearance and urban redevelopment projects and urban renewal projects and to do all things, exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning and zoning, necessary or desirable for receiving Federal assistance under title I of the Housing Act of 1949 (Public Law 171, Eighty-first Congress), as amended, or any other law, except that public corporate authorities (as distinct from municipalities or political subdivisions) created or authorized to operate in accordance with this Act, as amended, shall not be given any power of taxation or any power to pledge the full faith and credit of the people of the Territory, or municipality, or political subdivision, as the case may be, for any loan whatever. The Legislatures of Alaska, of Hawaii, and of Puerto Rico may, with respect to any public corporate authority or authorities. empowered or which may be empowered to undertake slum clearance and urban redevelopment projects, and urban renewal projects provide for the appointment and terms of office of the members thereof, and for the powers of such authorities, including authority to accept what

1 Sec. 107 of the Housing Amendments of 1955, Public Law 345, 84th Congress, approved August 11, 1955, 69 Stat. 635, 638, inserted "urban renewal".

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