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(14) A report of the "before and after earnings” of owners of business concerns displaced by urban renewal in the Southwest area of Washington, D.C., during 1959 and 1960 (app. F).

This report was developed from data provided by the District of Columbia Redevelopment Land Agency and the Internal Revenue Service. The Internal Revenue Service reported its findings to the subcommittee in a manner that protected the identity of each business.

(15) Data concerning the extent of the problem of unreimbursed losses by owners of permanent buildings or structures, constructed on railroad rights-of-way or other private property, because of lease provisions providing for removal of the buildings or structures on short notice, or at the expiration of the term (app. G).

The Congress has enacted relief legislation in a number of instances, the most recent example being a private law entitled "An Act To Compensate Certain Parties for the Loss of Their Leasehold Interests in Lands Taken by the United States in Connection With the Red Rock Reservoir Project” (Private Law 88–322, approved September 2, 1964).

During the period of this study, the staff has visited projects in Illinois, Iowa, Kentucky, North Dakota, and Nebraska, in addition to projects in States involved in public hearings, in order to obtain at firsthand the views and suggestions of agency field personnel, affected property owners and tenants, and others.

In 1963 and 1964, the subcommittee held seven public hearings in representative urban and rural locations in California, Tennessee, Massachusetts, and Rhode Island.

Testimony concerning Federal programs was received from field personnel of the Tennessee Valley Authority, the U.S. Army Engineers, the Department of the Navy, the Forest Service of the Department of Agriculture, the National Park Service and the Bureau of Reclamation of the Department of Interior, and others.

Federal-aid programs were discussed by personnel of the Housing and Home Finance Agency, the Bureau of Public Roads, the Urban Renewal Administration, the Public Housing Administration, and by officials of the State highway departments and local government agencies responsible for urban renewal and public housing programs. And representatives of the Small Business Administration explained the displaced business disaster loan program and other services offered by SBA.

The hearings in the field made it possible for many property owners and tenants to testify before the subcommittee or to present their views informally to the members or staff. It also provided an opportunity for the subcommittee to hear personally from the authors of a number of significant recent studies of the economic and social effects of displacement on families, individuals, and business concerns.

Printed copies of the hearings have been distributed to interested persons, and the table of contents for each hearing is included in this document (app. I).

An added benefit of the hearings was that the subcommittee, in considering the land acquisition practices of a particular agency, had the opportunity to hear from both the agency field personnel and the property owners and tenants affected by the agency's activity, and could make appropriate comparisons.

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69 72 73 73 76 76 78 81

85 86 88


91 92 93

93 93 101 101 102


VII. Summary of the judicial rules-Continued

H. Benefits.
I. The before and after procedure.
J. Compensation for buildings, structures, and fixtures.-

i. General matters affecting compensation.
2. Tenant owned buildings and fixtures..

(a) Effect of separate agreement with ..

(6) The railroad lessee problem.--
3. Conflicts in Federal law concerning fixtures.--
K. Acquisition by condemnation proceedings accompanied by

inverse condemnation of other interests.

L. The Mayme Riley problem.. VIII. Authority of the Congress...

A. Ťo pay more than the just compensation required by the

Fifth Amendment----
B. To grant broad discretionary powers to heads of government

C. To impose conditions for grants of funds.

D. To declare public policy --
IX. Federal and State laws providing for relocation payments and

relocation assistance..

A. Summaries.
B. Comparative tables..

i. Maximum relocation payments.---
2. Variations in items of relocation expense authorized.
3. Statutory requirements for relocation assistance and

assurance of standard housing-
4. States with provisions differing from Federal Aid

Highway Act of 1962..
X. Summary, conclusions, and recommendations.

A. Summary and conclusions.-
B. Recommendations.---

1. Declaration of policy (title I)-
2. Federal land acquisition practices (title I, sec. 101).

(a) Uniform policy for all Federal agencies...
(b) Policy to provide

(1) Objective to buy, not litigate.-.
(2) Opportunity for owner to accom-

pany Government's appraiser.
(3) Full fair value offer for property-
(4) Reasonable value information to

(5) Funds available to owner before

(6) Reasonable time for occupant to

find home, farm, or business

(7) Owner to have first opportunity

to remove improvements.---
(8) Rent limited to fair value to

short-term occupier----
(9) Eminent domain procedures not

to be used to compel agree

ment on price...
(10) Condemnation by judicial pro-

ceedings, not by physical

(11) Acquisition not to leave owner

with uneconomic remainder..
(12) Human factors to be considered

in fixing project boundaries.-
3. The market value standard (title I, sec. 102)------

(a) The highest reasonable price for property-
(o) No penalty to owner for decreases in mar-

ket value caused by administrative ac-
tions or public announcements of a

proposed public project----
(c) Compensation in partial takings based on

before-and-after values-

104 105 105 122 122 122 122


122 122









124 127 127


127 Pago 128


128 129




130 130





132 132

X. Summary, conclusions, and recommendations—Continued
B. Recommendations-Continued

4. Acquisition of buildings and structures (title I,

sec. 103(a))..
5. Tenant owned buildings and structures (title I, sec.

6. Uniform Federal standard for determining the

fixture problem in Federal takings (title I, sec.

103(b)) -
7. The Mayme Riley problem (title I, sec. 104)
8. Reimbursement of expenses incidental to transfer

of title to the United States (title I, sec. 105)---
9. Limited reimbursement for litigation expenses (title

I, sec. 106) -
10. Relocation payments and relocation assistance

(title I, secs. 107–108, 110–115) -
(a) Uniform policy on relocation payments and

provision of relocation assistance in all

Federal and federally assisted programs. (6) Four types of relocation payments

(1) Reimbursement for actual and

reasonable expenses
(2) Optional fixed payment for busi-

nesses dependent on neighbor

hood trade or special locations.
(3) Optional fixed payment for resi-

dential occupants
(4) Optional fixed payment for farm

(c) Maximum relocation payment required of

State or local government agencies--
(d) Relocation assistance program---
le) Relocation assistance for persons suffering

substantial economic injury, but not

physically displaced.--
() Authority to contract with agencies having

established relocation organizations.
(9) Federal share of cost

(h) Effective dates..
11. Federal programs with local cooperation (title I,

sec. 109)
12. Agreements by State and local government agen-

cies concerning land acquisition practices and
procedures (title I, sec. 112)
(a) Reasonable time for occupant to find home,

farm, or business location..
(6) Full fair value offer for property-
(c) Funds available to owner before posses-

(d) No penalty to owner for decreased prop-

erty value due to administrative actions
or announcements of proposed public

(e) Compensation to tenant for buildings and


(f) Effective dates -
13. Internal Revenue Code amendments (title II):

(a) Broadened concept of replacement prop


133 133 134



135 135



135 135


(6) Nonrecognition of gain on damage to re-

maining property -
(c) Beginning of replacement period..
(d) Exclusion of certain relocation payments..

(e) Exemption from documentary stamp tax.. 14. Loans and counseling for displaced and injured small

businesses (title III, sec. 301)-15. Retraining (title III, sec. 302)

136 137 137 138

139 140







X. Summary, conclusions, and recommendations-Continued
B. Recommendations-Continued

16. Unemployment compensation for employees of

displaced business concerns having less than

four employees (title III, sec. 303).
17. Rental arljustment payments (title IV, secs. 401

and 403...
18. Low-interest loans for the purchase or construction

of single-family homes by low- or moderate-in-
come displaced homeowners (title IV, secs. 402

and 403) -
19. Public housing subsidy for displaced families or

individuals (title IV, sec. 404)---
20. FHA section 221 housing for low- or moderate-

income displaced individuals (title IV, sec. 405)--
C. Proposed bill

A. Federal and State constitutional provisions relating to compensation

for the taking or damage of private property for public use.
B. Federal and State statutes relating to relocation payments, relocation

assistance, or assurances of availability of standard housing, and
Federal statutes authorizing other assistance for displaced persons, in-
cluding the specal subsidy for urban renewal and low rent housing
project displacees admitted to public housing units; the FHA section
221, housing insurance for low or moderate income families and
elderly or handicapped individuals; the small business administrations
disaster loan program for displaced small business concerns; and

other concerns .
C. Statistical data on magnitude of real property acquisition and human

disruption in federal and federally assisted programs, supplement

to chapter V. D. A comprehensive questionnaire relating to Federal practices for the

evaluation, negotiation, and acquisition of real property, with answers

by the principal Federal land acquisition agencies--E. An analysis of the small business administration's disaster loan program

for displaced small business concerns.F. A report of the "before and after earnings” of owners of business con

cerns displaced by urban renewal in Southwest Washington, D.C.

during 1959 and 1960..
G. A report on the railroad lessee problem. Uncompensated losses by

owners of permanent buildings or structures constructed on railroad
rights-of-way or other private property, because of lease provisions
providing for removal of the improvements on short notice, or at the

expiration of the term.--
H. Bibliography----
I. Tables of contents for each public hearing of the Select Subcommittee

on Real Property Acquisition

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The Select Subcommittee on Real Property Acquisition was first created in the 87th Congress by resolution of the Committee on Public Works adopted August 24, 1961, under the authority of House Resolution 23. The subcommittee was recreated in the 88th Congress under the authority of House Resolution 56, and is presently constituted as follows:

Clifford Davis, Chairman Robert E. Jones

Howard W. Robison Ed Edmondson

John C. Kunkel Harold T. Johnson

James H. Quillen T. A. Thompson

Don H. Clausen II. PURPOSE OF THE SUBCOMMITTEE The subcommittee was directed to make a comprehensive, impartial, and nonpartisan study, in order to determine whether owners, tenants, and other persons affected by the acquisition of real property in Federal and federally assisted programs receive fair and equal treatment, and adequate compensation, considering the value of their property and the losses and expenses they incur on being required to move from their homes, farms, or business locations. The subcommittee was directed also to develop specific legislative proposals, as necessary, order to eliminate inequities and to prevent or minimize hardships in these programs.



There have been a growing number of complaints to the Congress in recent years, questioning the fairness of Government agency land acquisition practices, the sufficiency of traditional standards of compensation, and the adequacy of assistance for persons adversely affected by public improvement programs undertaken by the Federal Government, or with the aid of Federal funds.

There were reports of many persons suffering severe hardships and financial losses and of others being overpaid. There was particular concern about the lack of uniformity in the various programs, with citizens apparently receiving varying amounts of compensation or assistance depending on the program involved rather than the actual loss suffered.

In recent sessions of Congress, legislation has been enacted to provide more liberal payments

in specific programs, and numerous bills

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