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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
i. General matters affecting compensation.
(a) Effect of separate agreement with ..
(6) The railroad lessee problem.--
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
D. To declare public policy --
i. Maximum relocation payments.---
assurance of standard housing-
Highway Act of 1962..
A. Summary and conclusions.-
1. Declaration of policy (title I)-
(a) Uniform policy for all Federal agencies...
(1) Objective to buy, not litigate.-.
pany Government's appraiser.
find home, farm, or business
to remove improvements.---
to be used to compel agree
ment on price...
ceedings, not by physical
with uneconomic remainder..
in fixing project boundaries.-
(a) The highest reasonable price for property-
ket value caused by administrative ac-
proposed public project----
104 105 105 122 122 122 122
124 127 127
127 Pago 128
X. Summary, conclusions, and recommendations—Continued
4. Acquisition of buildings and structures (title I,
fixture problem in Federal takings (title I, sec.
of title to the United States (title I, sec. 105)---
I, sec. 106) -
(title I, secs. 107–108, 110–115) -
provision of relocation assistance in all
Federal and federally assisted programs. (6) Four types of relocation payments
(1) Reimbursement for actual and
nesses dependent on neighbor
hood trade or special locations.
State or local government agencies--
substantial economic injury, but not
established relocation organizations.
(h) Effective dates..
cies concerning land acquisition practices and
farm, or business location..
erty value due to administrative actions
(f) Effective dates -
(a) Broadened concept of replacement prop
133 133 134
maining property -
(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
X. Summary, conclusions, and recommendations-Continued
16. Unemployment compensation for employees of
displaced business concerns having less than
four employees (title III, sec. 303).
of single-family homes by low- or moderate-in-
and 403) -
individuals (title IV, sec. 404)---
income displaced individuals (title IV, sec. 405)--
for the taking or damage of private property for public use.
assistance, or assurances of availability of standard housing, and
other concerns .
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..
owners of permanent buildings or structures constructed on railroad
expiration of the term.--
on Real Property Acquisition
STUDY OF COMPENSATION AND ASSISTANCE FOR PERSONS AFFECTED BY REAL PROPERTY ACQUISITION IN FEDERAL AND FEDERALLY ASSISTED PROGRAMS
I. CREATION OF THE SUBCOMMITTEE
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.
III. LEGISLATIVE BACKGROUND AND SCOPE OF SUBCOMMITTEE STUDY
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