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(3) All relevant and reliable ap- The Agency shall review the experiproaches to value consistent with com- ence, education training, and other monly accepted professional appraisal qualifications of appraisers, including practices. When sufficient market review appraisers, and utilize only sales data are available to reliably sup those determined to be qualified. port the fair market value for the spe (f) Conflict of interest. No appraiser cific appraisal problem encountered, or review appraiser shall have any inthe Agency, at its discretion, may re terest, direct or indirect, in the real quire only the market approach. If property being appraised for the more than one approach is utilized,

Agency that would in any way conflict there shall be an analysis and reconcil with the preparation or review of the iation of approaches to value that are appraisal. Compensation for making sufficient to support the appraiser's an appraisal shall not be based on the opinion of value.

amount of the valuation. No appraiser (4) A description of comparable shall act as a negotiator for real propsales, including a description of all re erty which that person has appraised, levent physical, legal, and economic except that the Agency may permit factors such as parties to the transac the same person to both appraise and tion, source and method of financing,

negotiate an acquisition where the and verification by a party involved in value of the acquisition is $2,500, or the transaction.

less. (5) A statement of the value of the real property to be acquired and, for a 8 11.104 Review of appraisals. partial acquisition, a statement of the

The Agency shall have an appraisal value of the damages and benefits, if

review process and, at a minimum: any, to the remaining real property. (6) The effective date of valuation,

(a) A qualified reviewing appraiser date of appraisal, signature, and certi

shall examine all appraisals to assure

that they met applicable appraisal refication of the appraiser.

quirements and shall, prior to accept(c) Influence of the project on just compensation. To the extent permit

ance, seek necessary corrections or re

visions. ted by applicable law, the appraiser shall disregard any decrease or in

(b) If the reviewing appraiser is crease in the fair market value of the

unable to approve or recommend apreal property caused by the project for

proval of an appraisal as an adequate which the property is to be acquired,

basis for the establishment of just or by the likelihood that the property

compensation, and it is determined would be acquired for the project,

that it is not practical to obatin an adother than that due to physical dete

ditional appraisal, the reviewing aprioration within the reasonable con

praiser may develop appraisal docutrol of the owner.

mentation in accordance with § 11.103 (d) Owner retention of improve

to support an approved or recommendments. If the owner of a real property

ed value. improvement is permitted to retain it

(c) The review appraiser's certificafor removal from the project site, the

tion of the recommended or approved amount to be offered for the interest

value of the property shall be set in the real property to be acquired

forth in a signed statement which shall be not less than the difference

identifies the appraisal reports rebetween the amount determined to be

viewed and explains the basis for such just compensation for the owner's

recommendation or approval. Any entire interest in the real property and

damages or benefits to any remaining the salvage value (defined at $ 11.2(n))

property shall also be identified in the of the retained improvement.

statement. (e) Qualifications of appraisers. The Agency shall establish criteria for de

§ 11.105 Acquisition of tenant-owned imtermining the minimum qualifications

provements. of appraisers. Appraiser qualifications (a) Acquisition of Improvements. shall be consistent with the level of When acquiring any interest in real difficulty of the appraisal assignment property, the Agency shall offer to ac

quire at least an equal interest in all (a) Recording fees, transfer taxes, buildings, structures, or other im- documentary stamps, evidence of title, provements located upon the real boundary surveys, legal descriptions of property to be acquired, which it re- the real property, and similar exquires to be removed or which it deter penses incidental to conveying the real mines will be adversely affected by the property to the Agency. However, the use to which such real property will be Agency is not required to pay costs put. This shall include any improve- solely required to perfect the owner's ment of a tenant-owner who has the title to the real property; and right or obligation to remove the im (b) Penalty costs and other charges provement at the expiration of the for prepayment of any preexisting release term.

corded mortgage entered into in good (b) Improvements considered to be faith encumbering the real property; real property. Any building, structure, and or other improvement, which would be

(c) The pro rata portion of any preconsidered to be real property if

paid real property taxes which are alowned by the owner of the real prop

locable to the period after the Agency erty on which it is located, shall be

obtains title to the property or effecconsidered to be real property for pur

tive possession of it, whichever is earliposes of this subpart.

er. (c) Appraisal and establishment of

Whenever feasible, the Agency shall just compensation for tenant-owned improvements. Just compensation for

pay these costs directly so that the a tenant-owned improvement is the

owner not will have to pay such costs amount which the improvement con

and then seek reimbursement from tributes to the fair market value of

the Agency. the whole property or its salvage

$ 11.107 Certain litigation expenses. value, whichever is greater. (Salvage value is defined at $ 11.2(n).)

The owner of the real property shall (d) Special conditions. No payment be reimbursed for any reasonable exshall be made to a tenant-owner for penses, including reasonable attorney, any real property improvement unless: appraisal, and engineering fees, which

(1) The tenant-owner, in consider the owner actually incurred because of ation for the payment, assigns, trans- a condemnation proceeding, if: fers, and releases to the Agency all of (a) The final judgment of the court the tenant-owner's right, title, and in is that the Agency cannot acquire the terest in the improvement; and

real property by condemnation; or (2) The owner of the real property (b) The condemnation proceeding is on which the improvement is located abandoned by the Agency other than disclaims all interest in the improve- under an agreed-upon settlement; or ment; and

(c) The court having jurisdiction (3) The payment does not result in renders a judgment in favor of the the duplication of any compensation owner in an inverse condemnation prootherwise authorized by law.

ceeding or the Agency effects a settle(e) Alternative compensation. Noth- ment of such proceeding. ing in this subpart shall be construed to deprive the tenant-owner of any $11.108 Donations. right to reject payment under this Nothing in these regulations shall subpart and to obtain payment for prevent a person, after being informed such property interests in accordance

of the right to receive just compensawith other applicable law.

tion, based on an appraisal of the real

property, from making a gift or dona8 11.106 Expenses incidental to transfer of

tion of real property or any part title to the Agency.

thereof, or any interest therein, or of The owner of the real property shall any compensation paid therefor, to be reimbursed for all reasonable ex- the Agency. The Agency is responsible penses the owner necessarily incurred for assuring that an appraisal of the for:

real property is obtained unless the

owner releases the Agency from such the occupied property. When this obligation.

occurs, the Agency shall promptly

notify all occupants in writing of their Subpart C—General Relocation eligibility for applicable relocation asRequirements

sistance.

(c) Ninety-day notice-(1) General. $ 11.201 Purpose.

No lawful occupant shall be required

to move unless he or she has received This subpart prescribes general re

at least 90 days advance written notice quirements governing the provision of

of the earliest date by which he or she relocation payments and other relocation assistance under the regulations

may be required to move.

(2) Timing of notice. The displacing in this part.

agency may issue the notice 90 days § 11.202 Applicability.

before it expects the person to be disThese requirements apply to the re

placed or earlier. location of any displaced person as de

(3) Content of notice. The 90-day fined at § 11.2(f).

notice shall either state a specific date

as the earliest date by which the occu8 11.203 Relocation notices.

pant may be required to move, or state (a) General information notice. As

that the occupant will receive a fur

ther notice indicating, at least 30 days soon as feasible, a person scheduled to be displaced shall be furnished with a

in advance, the specific date by which general written description of the

he or she must move. If the 90-day

notice is issued before a comparable Agency's relocation program which does at least the following:

replacement dwelling is made avail(1) Informs the person that he or

able, the notice must state clearly that she may be displaced for the project

the occupant will not have to move and generally describes the relocation

earlier than 90 days after such a dwellpayment(s) for which the person may

ing is made available. (See § 11.204(a).) be eligible, the basic conditions of eli

(4) Urgent need. In unusual circumgibility, and the procedures for obtain

stances, an occupant may be required ing the payment(s).

to vacate the property on less than 90 (2) Informs the person that he or

days advance written notice if the she will be given reasonable relocation

Agency determines that a 90-day advisory services, including referrals

notice is impracticable, such as when to replacement properties, help in

the person's continued occupancy of filing payment claims, and other nec

the property would constitute a subessary assistance to help the person

stantial danger to health or safety. A successfully relocate.

copy of the Agency's determination (3) Informs the person that he or

shall be included in the applicable case she will not be required to move without at least 90 days' advance written

8 11.204 Availability of comparable renotice (see paragraph (c) of this section), and informs any person to be

placement dwelling before displacedisplaced from a dwelling that he or

ment. she cannot be required to move perma- (a) General. No person to be disnently unless at least one comparable placed shall be required to move from replacement dwelling has been made his or her dwelling unless at least one available.

comparable replacement dwelling (de(4) Describes the person's right to fined at $ 11.2(c)) has been made availappeal the Agency's determination as able to the person. Where possible, to eligibility for, or the amount of, any three or more comparable replacement relocation payment for which the dwellings shall be made available. A person may be eligible.

comparable replacement dwelling will (b) Notice of relocation eligibility. be considered to have been made availEligibility for relocation assistance able to a person, if: shall begin on the date of initiation of (1) The person is informed of its lonegotiations (defined in § 11.2(k)) for cation; and

file.

(2) The person has sufficient time to Act of 1964 (42 U.S.C. 2000d et seq.), negotiate and enter into a purchase Title VIII of the Civil Rights Act of agreement or lease for the property; 1968 (42 U.S.C. 3601 et seq.), and E.O. and

11063 (27 FR 11527), and offers the (3) Subject to reasonable safeguards, services described in paragraph (b) of the person is assured of receiving the this section. If the Agency determines relocation assistance and acquisition that a person occupying property adpayment to which the person is enti- jacent to the real property acquired tled in sufficient time to complete the for the project has caused substantial purchase or lease of the property.

economic injury because of such acqui(b) Circumstances permitting sition, it may offer the services to such waiver. The Federal agency funding person. the project may grant a waiver of the (b) Services to be provided. The advipolicy in paragraph (a) of this section sory program shall include such measin any case where it is demonstrated ures, facilities, and services as may be that a person must move because of: necessary or appropriate in order to:

(1) A major disaster as defined in (1) Determine the relocation needs section 102(c) of the Disaster Relief and perferences of each person to be Act of 1974 (42 U.S.C. 5121); or

displaced and explain the relocation (2) A presidentially declared nation payments and other assistance for al emergency; or

which the person may be eligible, the (3) Another emergency which re related eligibility requirements, and quires immediate vacation of the real the procedures for obtaining such asproperty, such as when continued oc sistance. This shall include a personal cupancy of the displacement dwelling interview with each person. constitutes a substantial danger to the (2) Provide current and continuing health or safety of the occupants or information on the availability, purthe public.

chase prices, and rental costs of com(c) Basic conditions of emergency parable replacement dwellings, and exmove. Whenever a person is required plain that the person cannot be reto relocate for a temporary period be quired to move unless at least one cause of an emergency as described in comparable replacement dwelling is paragraph (b) of this section, the made available as set forth in Agency shall:

§ 11.204(a). (1) Take whatever steps are neces- (i) As soon as feasible, the Agency sary to assure that the person is tem- shall inform the person in writing of porarily relocated to a decent, safe, the specific comparable replacement and sanitary dwelling; and

dwelling and the price or rent used for (2) Pay the actual reasonable out-of- establishing the upper limit of the repocket moving expenses and any rea placement housing payment (see sonable increase in monthly housing § 11.403 (a) and (b)) and the basis for costs incurred in connection with the the determination, so that the person temporary relocation; and

is aware of the maximum replacement (3) Make available to the displaced housing payment for which he or she person as soon as feasible, at least one may qualify. comparable replacement dwelling. (ii) Where feasible, housing shall be (For purposes for filing a claim and inspected prior to being made availmeeting the eligibility requirements able to assure that it meets applicable for a relocation payment, the date of standards. (See § 11.2 (c) and (e).) If displacement is the date the person such an inspection is not made, the moves from the temporarily-occupied person to be displaced shall be notified dwelling.)

that a replacement housing payment

may not be made unless the replace8 11.205 Relocation assistance advisory

ment dwelling is subsequently inspectservices.

ed and determined to be decent, safe, (a) General. The Agency shall carry and sanitary. out a relocation assistance advisory (iii) Whenever possible, minority program which satisfies the require persons shall be given reasonable opments of Title VI of the Civil Rights portunities to relocate to decent, safe,

and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require an Agency to provide a person a larger payment than is necessary to enable a person to relocated to a comparable replacement dwelling.

(iv) All persons, especially the elderly and handicapped, shall be offered transportation to inspect housing to which they are referred.

(3) Provide current and continuing information on the availability, purchase prices, and rental costs of comparable and suitable commercial and farm properties and locations. Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location.

(4) Minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available, and such other help as may be appropriate.

(5) Supply persons to be displaced with appropriate information concerning Federal and State housing programs, disaster loans and other programs administered by the Small Business Administration, and other Federal and State programs offering assistance to persons to be displaced.

(c) Coordination of relocation activities. Relocation activities shall be coordinated with project work and other displacement-causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized.

$11.207 General requirements-claims for

relocation payments. (a) Documentation. Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A displaced person must be provided reasonable assistance necessary to complete and file any required claim for payment.

(b) Expeditious payments. The Agency shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.

(c) Advance payments. If a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the Agency shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

(d) Time for filing. All claims for a relocation payment shall be filed with the Agency within 18 months after:

(1) For tenants, the date of displacement;

(2) For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later. This time period shall be waived by the Agency for good cause.

(e) Multiple occupants of one displacement dwelling. If two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the Agency, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the Agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

(f) Deductions from relocation payments. An Agency shall deduct the

8 11.206 Eviction for cause.

Eviction for cause must conform to applicable State and local law. Any person who has lawfully occupied the real property, but who is later evicted for cause on or after the date of the initiation of negotiations, retains the right to the relocation payments and other assistance set forth in these regulations. For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves or the date a comparable replacement dwelling is made available, whichever is later.

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