Acquisition: Acquiring Real Property for Federal and Federal-Aid Programs and Projects

016202612005PDFBooklet/PamphletFHWA-HEP-05-030BrochuresEminent domainFederal aidFederal aid highwaysLegal rightsProperty acquisitionFifth AmendmentUnited States ConstitutionUniform Relocation Assistance and Real Property Acquisition ActUnited States CodeCompensation (Eminent domain)ProgramsProjectsRevisionsHighwaysLawUnited StatesUnited States. Federal Highway AdministrationUnited States. Federal Highway Administration. Office of Real Estate ServicesUS Transportation CollectionGovernment programs designed to benefit the public as a whole often result in acquisition of private property and, sometimes, in the displacement of people from their residences, businesses or farms. Acquisition of this kind has long been recognized as a right of government and is known as the power of eminent domain. The Fifth Amendment of the Constitution states that private property shall not be taken for public use without just compensation. To provide uniform and equitable treatment for persons whose property is acquired for public use, Congress passed the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and amended it in 1987. This law, called the Uniform Act, is the foundation for the information discussed in this brochure. Revised rules for the Uniform Act were published in the Federal Register on January 4, 2005. The rules are reprinted each year in the Code of Federal Regulations (CFR), Title 49, Part 24. All Federal, State and local government agencies, as well as others receiving Federal financial assistance for public programs and projects, that require the acquisition of real property, must comply with the policies and provisions set forth in the Uniform Act and the regulation. The acquisition itself does not need to be federally-funded for the rules to apply. If Federal funds are used in any phase of the program or project, the rules of the Uniform Act apply. The rules encourage acquiring agencies to negotiate with property owners in a prompt and amicable manner so that litigation can be avoided. This brochure explains your rights as an owner of real property to be acquired for a federally-funded program or project.75