(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. VII. Summary of the judicial rules-Continued H. Benefits__ I. The before and after procedure J. Compensation for buildings, structures, and fixtures.. K. 2. Tenant owned buildings and fixtures... Page 69 (a) Effect of separate agreement with landlord__ 76 (b) The railroad lessee problem.... 3. Conflicts in Federal law concerning fixtures. Acquisition by condemnation proceedings accompanied by L. The Mayme Riley problem.. VIII. Authority of the Congress___ A. To pay more than the just compensation required by the 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.. 2. Variations in items of relocation expense authorized_ 3. Statutory requirements for relocation assistance and 4. States with provisions differing from Federal Aid 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). (1) Objective to buy, not litigate___ owner... 122 122 122 123 (11) Acquisition not to leave owner 3. The market value standard (title I, sec. 102)‒‒‒‒ ket value caused by administrative ac- 124 124 127 127 127 (c) Compensation in partial takings based on 127 X. Summary, conclusions, and recommendations-Continued 4. Acquisition of buildings and structures (title I, Page 128 5. Tenant owned buildings and structures (title I, sec. 128 6. Uniform Federal standard for determining the 7. The Mayme Riley problem (title I, sec. 104). 10. Relocation payments and relocation assistance (a) Uniform policy on relocation payments and (1) Reimbursement for actual and 128 129 129 129 130 130 130 130 (2) Optional fixed payment for busi- 131 131 (4) Optional fixed payment for farm 132 (c) Maximum relocation payment required of 132 (d) Relocation assistance program... 132 (e) Relocation assistance for persons suffering (f) Authority to contract with agencies having 133 133 (g) Federal share of cost. 133 (h) Effective dates__ 134 11. Federal programs with local cooperation (title I, (c) Beginning of replacement period.__ 14. Loans and counseling for displaced and injured small businesses (title III, sec. 301) 137 137 138 139 15. Retraining (title III, sec. 302) 140 X. Summary, conclusions, and recommendations--Continued 16. Unemployment compensation for employees of Pago 140 17. Rental adjustment payments (title IV, secs. 401 141 18. Low-interest loans for the purchase or construction 19. Public housing subsidy for displaced families or 20. FHA section 221 housing for low- or moderate- C. Proposed bill APPENDIXES A. Federal and State constitutional provisions relating to compensation C. Statistical data on magnitude of real property acquisition and human 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 concerns 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 143 143 144 145 168 194 238 298 455 473 487 499 513 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: Robert E. Jones Ed Edmondson T. A. Thompson Clifford Davis, Chairman Howard W. Robison John C. Kunkel James H. Quillen 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, in 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 |