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CONTENTS

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real property payments, total project costs, and others.-

VI. The scope of public use.

VII. Summary of the judicial rules defining the scope and limitations of

the just compensation required by the Fifth Amendment -

A. Payment required for the property taken..

B. Payment not required for incidental losses.-

C. Exception to general rule of no compensation for incidental

losses.-

D. No payment required if no property “taken”.

E. The market value standard..

1. General..

2. Market value means a transferable value.

3. Market value may be more or less than the owner's

investment in his property----

4. Market value means cash or equivalent of cash..

5. Market value, not value to the owner.

6. Market value, not value to the taker.

7. Market value, a practical but imperfect standard.--

F. Changes in market value caused by project for which prop-

erty is acquired..

1. Enhancement in market value.

2. Decreases in market value..

G. Severance damages.--

1. General.-.

2. Unity of ownership-

3. Unity of use.

4. Concept technically inapplicable in easement tak-

ings.-

5. Limits of compensable damage.--

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before-and-after values--

VII. Summary of the judicial rules-Continued

H. Benefits.ad

1. 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 landlord..

(6) The railroad lessee problem...

3. Conflicts in Federal law concerning fixtures.-

K. Acquisition by condemnation proceedings accompanied by

inverse condemnation of other ioterests..

L. The Mayme Riley problem...

VIII. Authority of the Congress..

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

Fifth Amendment...

B. To grant broad discretionary powers to heads of government

agencies

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.-

1. 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.--

(6) 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

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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.

103(c))--

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) Úniform 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

operators -

(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...

(f) 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-

sion..

(d) No penalty to owner for decreased prop-

erty value due to administrative actions

or announcements of proposed public

project

(e) Compensation to tenant for buildings and

fixtures---

(f) Effective dates.

13. Internal Revenue Code amendments (title II):

(a) Broadened concept of replacement prop-

erty---

(b) 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) -

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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 adjustment 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

APPENDIXES

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

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, 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

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