FEDERAL REQUIREMENTS FOR RIGHT OF WAY FHWA & The Uniform Act. The Fifth Amendment. “…nor shall private property be taken for public use, without just compensation.” What is “ just compensation ”? . The Uniform Act. Public Law 91-646 (1/2/71) amended by Public Law 100-17 (STURAA 1987)
FEDERAL REQUIREMENTS FOR RIGHT OF WAYFHWA & The Uniform Act
“…nor shall private property be taken for public use, without just compensation.”
What is “just compensation”?
“In no event shall such amount be less than the agency’s approvedappraisal of the fair market value of such property.”
2. Business, Farm, NPO
3. Personal Property Only
1. Moving expenses
2. Replacement housing payments
1. State certification
2. Monitoring and corrective action
Authorization to advertise can proceed when certain conditions, per 23 CFR 635.309 are met, including:
“A statement is received from the State certifying that all individuals and families have been relocated or had housing made available …”; and, a Cert 1, 2, or 3 is completed.
1. All R/W acquired, including legal and physical possession. All occupants moved.
2. Not all R/W acquired, but right to occupy and use obtained.
Per 23 CFR 635.309(c)(3):
“The State may request authorization on this basis only in very unusual circumstances. This exception MUST NEVER BECOME THE RULE.”
Where to get more information:
(Local agency in California, please contact your local Caltrans Right of Way for any further questions office at: http://www.dot.ca.gov/hq/row/localprog/index.htm)