Resolution No. 71-36 T/FAU,'-10-71 t.
RESOLUTION NO.
WHEREAS, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 provides for uniform and equitable
treatment of persons displaced from their homes, businesses, or farms
by federal and federally assisted programs and establishes uniform and
equitable land acquisition policies for federal and federally assisted
programs; and
WHEREAS, the Civil Rights Act of 1964 prohibits exclusion
from participation in, denial of benefits of, or discrimination under
federally assisted programs on grounds of race, color, or national
origin; and
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WHEREAS, the Anti-Kickback Act of 1948 prohibits kickbacks
from public works employees;
NOW, THEREFORE, THE CITY OFTigarA DOES HEREBY
RESOLVE and give the following assurances regarding:
1. Relocation Assistance Program, under Federal Highway
Administration Instructional Memorandum 80-1-71 dated
April 30, 1971.
a. Relocation payments and services will be pro-
vided as set forth in Instructional Memorandum 80-1-71.
b. The public will be adequately informed of the
relocation payments and services which are available as
set forth in Paragraph 11 of IM 80-1-71.
C. To the greatest extent practicable, no person
lawfully occupying real property shall be required to
move from his business or farm operation without at least
90 days written notice from the City prior to the date
by which such move is required.
2. Real Property Acquisition, under Section 305,
Title III, Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970.
a. In acquiring real property the City will be
guided, to the greatest extent practicable under State
law, by the land acquisition policies in Section 301 and
the provisions of Section 302, and property owners will
be paid or reimbursed for necessary expenses as specified
in Sections 303 and 304 (see Appendix "A").
3. Civil Rights Act of 1964.
a. No person shall on the grounds of race, color,
sex, or national origin, be excluded from participation
5 in, be denied the benefits of, or be subject to discrimi-
nation under any program or activity receiving federal
? ' financial assistance.
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'T/FAU, 10-71
4. Anti-Kickback Act of 1948.
a- No person employed in any program or project t
financed in whole or in part by the United States shall E
be forced, intimidated, or threatened with dismissal
from employment to give up any part of the compensation
to which he is entitled under his contract of
employment.
The foregoing resolution was adopted this $ day of
Nov®m3�er 1921_-
CITY OF_ Ti and , OREGON
By
Ma or
BY
C"ty Recorder
E'
7,
Appendix A
Page 1
TITLE III—UNIFORM REAL PROPERTY ACQUISITION
POLICY
UNIFORM rOL[CY ON REAL PROPMrrY ACQUISMON PRACTICES
SEc.301.In order to encourage and expedite the acquisition of real
property by arments with owners,to avoid litigation and relieve
congestion in the courts,to assure consistent treatment for owner;in
the many Federal programs,and to promote public confidence in Fed-
eral land acquisition practices,heads of Federal agencies shall,to the
greatest extent practicable,be guidedby the following policies:
(1)The head of a Federal agency shall make every reasonable effort
to acquire expeditiously real property by negotiation.
(2)Real property shall be appraised before the initiation of negotia-
tions,and the owner or his designated representative shall be given an
opportunity to accompany the appraiser during his inspection of the
property.
(3) Before the initiation of negotiations for real property, the
head of the Federal agerrey concerned shall establish an amount which I
he believes to be get compensation therefor and shall make a prompt
offer to acquire t�e property for the full amount so established.In no
event shall such amount be less than the agency's approved appraisal
of the fair market value of such property.Any decrease or increase t
in the fair market value of real property prior to the date of valuation 1
caused by the public improvement for which such property is acquired, f
or by the likelihood that the property would be acquired for such
improvement,other than that due to physical deterioration within the
teavonable control of the owner,will be disregarded in determining
the compensation for the pproperty.The head of the Federal agency
eoncerned shall provide tt�e owner of real property to be acquired
with a written statement of,and summary of the bests for the amount
he established as just compensation.Where appropriate the just com-
pensation for the real pproperty acquired and for damages to remain-
ing real pproperty shall be separately stated.
(4) iVo owner shall be. required to surrender possession of real
property before the head of the Federal agency concerned pays the
agreed purchase price,or deposits with the court in accordance with
section 1 of the Act of February 26,1931 (46 Stat. 1421;40 U.S.C.
25Aa),for the benefit of the owner,an amount not leas than the agency's
approved appraisal of the fair market value of such property,or the
amount of the award of compensation in the condemnation proceeding
for such property.
(5) The construction or development of a public improvement
shall be so scheduled that,to the greatest extent practicable,no person
lawfully occupying real property shall be required to move from a
dwelling(assuming a replacement dwelling as required by title II will
be available), or to move his business or farm operation, without
at least ninety days' written notice from the head of the Federal s
agency concerned,of the date by which such move is required. !
(6) If the head of a Federal agency permits an owner or tenant
to occupy the realproperty acquired on a rental basis for a short term
or for a period subject to termination by the Government on short
notice,the amount of rent required shall not exceed the fair rental
value of the property to a short-term occupier.
(T) In no event shall the head of a Federal agency either advance
the time of condemnation, or defer negotiations or condemnation
and the deposit of funds in court for the use of the owner,or take f
any other action coercive in nature,in order to compel an agreement
on the price to be paid for the property.
(S) If any interest in real property is to be acquired by exercise
of the power of eminent domain,the head of the Federal agency con-
cerned shall institute formal condemnation proceedings.No Federal
agency head shall intentionally make it necessary for an owner to
- - institute legal proceedings to prove the fact of the t,,kmg of his real
property.
(0) If the acquisition of only part of a property would leave its
owner with an uneconomic remnant,the head of the Federal agency
concerned shall offer to acquire the entire property.
+sa
endix A
l Page 2
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BUILDINGS,STRQCrGRE87 AND IMPROVEMENTS
Sec.302. (a) Notwithstanding any other provision of law, if the
head of a Federal agency acquires any interest in real property in any 1
State,he shall acquire at least an equal interest in all buildings,struc-
tures, or other improvements located upon the real property so
acquired and which he requires to be removed from such real property
or which he determines will be adversely affected by the use to which
such real property will be put.
(b)(1)For the purpose of determining the just compensation to be
paid for any building,structure,or other improvement required to be
acquired by subsection(a) of this section,such building,structure,or
other improvenie.-nt shall be deemed to be a part of the real property to
be acquired notwithstanding the right or obligation of a tenant,as
against the owner of any other interest in the real property,to remove
such building,structure,or improvement at the expiration of his term,
and the fair market value which such building structure,or improve-
ment contributes to the fair market value of the real property to be
acquired,or the fair market value of such buildiNt structiehever re,tor
improvement for removal from the real property, w11
greater,shall be paid to the tenant therefor.
(2)Payment under this subsection shall not result in duplication of
any payments otherwise authorized by law.No such payment shall be
In
unless the owner of the land involved disclaims all interest
in the improvements of the tenant. In consideration for any such
paynnent,the tenant shall assign,transfer,and release to the United
States all his right,title,and interest in and to such improvements.
Nothing in this subsection shall be construed to deprive the tenant
of any rights to reject payment under this subsection and to obtain
oayrnent for Such property interests in accordance with applicable
law,other than this subsection. _
EYPE-\sea INcmENTAL TO TRANsFEn OF TITLE To uNITF.D STATES
SEc. 30:3. The head of a Federal agency, as soon as practicable
after the data of payment of the purchase price or the date of deposit
in court of funds to satisfy the award of compensation in a condem-
nation proceeding to acquire real property,whichever is the earlier,
shall reimburse the owner,to the extent the head of such agency
deems fair and reasonable,for expenses he necessarily incurred for--
(1) recordingfees,transfer taxes,and similar expenses inet-
dental to conveying such real property to the United States;
(2) penalty costs for prepayment of any preexisting recorded
mortgage entered into in good faith encumbering such real prop-
erty; and
(3) the pro rata portion of real property taxes kaid which are
allocable to a period subsequent to the date of vesting title in the
United States, or the effective date of possession of such real
property by the United States,whichever is the earlier. f4{{
LITIGATION EXPENSES p
,'Ec.301•. (a)The Federal cor.rt having jurisdiction of n.proceeding F
instituted by a Federal agency to acquire real property by condenma- t
tion shall award the owner of any right,or title to,or interest in,such
real property such sum as will in the opinion of the court reimburse
such owner for his reasonable costs, disbursements, and expenses,
including reasonable attorney,appraisal,and engineering fees,actually
incurredbecauseofthecondemnationproceedii if— 4
(1)the final judgment is that the Fedemi Ngenry cannot acquire
the real property by condemnation;or
(2)the proceeding is abandoned by the United States.
(b) Any aNvard made pursuant to subsection (n) of this section
shall be paid by the head of the Federal agency for whose benefit the
condemnation proceedings was instituted.
(c)Th court rendering audgment for the plaintiff in a proceeding
brought under section 13" a)(2) or 1491 of title 28,United States
Code,awarding compensation for the taking of property by a Federal .
agency or the Attorney General effecting a settlement of any such
procee inrg,shall determine and award or allow to such plaintiff,.as
apart of such judgment or settlement,such sum as will in the opinion
of the court or the Attorney General reimburse such plaintiff for his
reaso-mble costs, disbursements, and expenses, including reasonable
attor-:y,appraisal,and engineering fees,actually incurred because
of such proceeding.
t Appendix A
Page 3
RVAJUIRE-IENTA FOR UNIFORM LAND ACQCIS177ON Iq)LICIFS;PAYMENTS OF
F.XPENSFS INCmEA'T.AL TO TRANSFER OF REAL PROPERTY TO STATE;PAY-
MENT OF LITIGATION EXPENSES IN CERTAIN CASES
SEc.303. Notwithstanding any other law,the head of a Federal
agency shall not approve any program or project or any grant to,or
contract or agreement with,a State agency under which Federal finan-
cial assistance will be available to pay all or part of the cost of any
program or project which will result in the acquisition of real property
on and niter the effective date of this title,unless he receives satisfac-
tory assurances from such State agency that—
(1)in acquiring real property It will be guided,to the greatest
extent practicable under State law,by the land acquisition policies
in section 801 and the provisions of section 302,and
(2) property owners will be paid or reimbursed for necessary
expenses as specified in sections 303 and 304.
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g.�urn a F ned copy
of Resolution to:
Mr. H. S. Cox
County and City Engineer
Oregon State Highway Division
405 State Highway Building
4 Salem, Oregon 97310
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