Pub. L. 100-17, tit. IV, sec. 402

DEFINITIONS.

EnactedYear: 1987Length: 859 wordsOfficial source
SEC. 402. DEFINITIONS. (a) Federal Agency Defined.—Section 101(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter in this title referred to as the “Uniform Act”) (42 U.S.C. 4601(1)) is amended to read as follows: “(1) The term ‘Federal agency’ means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law.”. (b) State Agency Defined.—Section 101(3) of the Uniform Act (42 U.S.C. 4601(3)) is amended to read as follows: “(3) The term ‘State agency’ means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law.”. (c) Interest Reduction Payments as Federal Financial Assistance.—Section 101(4) of the Uniform Act (42 U.S.C. 4601(4)) is amended by inserting “, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual,” after “insurance”. (d) Displaced Person Defined.—Section 101(6) of the Uniform Act (42 U.S.C. 4601(6)) is amended to read as follows: “(6)(A) The term ‘displaced person’ means, except as provided in subparagraph (B)— “(i) any person who moves from real property, or moves his personal property from real property— “(I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with Federal financial assistance; or “(II) on which such person is a residential tenant or conducts a small business, a farm operation, or a business defined in section 101(7)(D), as a direct result of rehabilitation, demolition, or such other displacing activity as the 101 STAT. 247lead agency may prescribe, under a program or project undertaken by a Federal agency or with Federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent; and “(ii) solely for the purposes of sections 202 (a) and (b) and 205 of this title, any person who moves from real property, or moves his personal property from real property— “(I) as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a Federal agency or with Federal financial assistance; or “(II) as a direct result of rehabilitation, demolition, or such other displacing activity as the lead agency may prescribe, of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a Federal agency or with Federal financial assistance where the head of the displacing agency determines that such displacement is permanent. “(B) The term ‘displaced person’ does not include— “(i) a person who has been determined, according to criteria established by the head of the lead agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this Act; “(ii) in any case in which the displacing agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.”. (e) Comparable Replacement Dwelling, Displacing Agency, Lead Agency, and Appraisal Defined.—Section 101 of the Uniform Act (42 U.S.C. 4601) is amended by adding at the end thereof the following new paragraphs: “(10) The term ‘comparable replacement dwelling’ means any dwelling that is (A) decent, safe, and sanitary; (B) adequate in size to accommodate the occupants; (C) within the financial means of the displaced person; (D) functionally equivalent; (E) in an area not subject to unreasonable adverse environmental conditions; and (F) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment. “(11) The term ‘displacing agency’ means any Federal agency carrying out a program or project, and any State, State agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person. “(12) The term ‘lead agency’ means the Department of Transportation. “(13) The term 'appraisal' means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.”. 101 STAT. 248 (f) Conforming Amendment.—Section 101(7)(D) of the Uniform Act (42 U.S.C. 4601(7)(D)) is amended by striking out “(a)” after “202”.
Pub. L. 100-17, tit. IV, sec. 402: DEFINITIONS. | Justis AI