Triangle Improvement Council v. Ritchie Supplemental Brief for Petitioners

    I n  the

(Eflurt nt
October Teem, 1970 

No. 712

Triangle I mprovement Council, et al.,
Petitioners,

W illiam S. R itchie, Commissioner, State R oad 
Commission op the S tate op W est V irginia, et al.

f)N  WRIT OP c e r t io r a r i  TO THE UNITED STATES COURT OP APPEALS 
FOE THE FOURTH CIRCUIT

SUPPLEMENTAL BRIEF FOR PETITIONERS

J ack Greenberg 
J ames M. N abeit III 
Charles S tephen R alston 
E lizabeth B. D uB ois 
J eppry a . Mintz

10 Columbus Circle 
New York, New York 10019

J ohn L. B oettnbe
1116-B Kanawha Blvd., E. 
Charleston, West Virginia 25301

A. A ndrew MacQuebn III 
1026 Quarrier Street 
Charleston, West Virginia 25301

Attorneys for Petitioners
T homas J. O’S ullivan 

14 Wall Street 
New York, New York 10005

Curtis B erger
Columbia University School of Law 
New York, New York

Of Counsel



I n the

Cflttrt nf %
October T eem, 1970 

No. 712

T riangle I mprovement Council, et al.,
Petitioners,

— '7.-

WiLLiAM S. R itchie, Commissioner, S tate R oad 
Commission op the S tate op W est V irginia, et al.

ON WRIT OP c e r t io r a r i  TO THE UNITED STATES COURT OP APPEALS 
POR THE POUETH CIRCUIT

SUPPLEMENTAL BRIEF FOR PETITIONERS

Petitioners file this supplemental brief pursuant to Rule 
41(5) of the Rules of this Court for the purpose of dis­
cussing the impact on this case of the “Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 
1970”* a statute not available in time to have been included 
in the brief in chief previously filed.^

Like the relocation provisions of the 1968 Federal-Aid 
Higlway Act,* the Uniform Relocation Act is the culmina-

* Pub. L. 91-646, January 2, 1971, 84 Stat. 1894. (Hereinafter 
“Uniform Relocation Act.” ) The entire statute appears as an 
appendix to this brief.

^Although the statute was enacted January 2, 1971, petitioners 
did not learn of its enactment and obtain a copy of it until after 
their brief had been prepared and filed.

* The legislative history of the 1968 statute is discussed at Br. 
App. 47-52.



tion of many years of demonstrated Congressional concern 
for the deprivations rendered to those whose homes are 
destroyed by federal or federally-assisted projects, and 
represents an effort to insure that “such persons shall not 
suffer disproportionate injuries as a result of progress 
designed for the benefit qf the public as a whole.”  ̂ In this 
statute, Congress has dealt comprehensively with the prob­
lem, in requirements applicable to all federal programs, 
of whatever nature, which cause displacement. The statute, 
made effective on the date of its enactment,^ repeals and 
replaces the various existing statutes dealing with reloca­
tion, including those of the 1968 highway act.®

The Uniform Relocation Act expands the requirements 
of the prior statute in several respects,’ and in important 
areas effectively adopts petitioners’ interpretation of the

^Uniform Relocation Act, §201. Substantially identical lan­
guage appears in the declaration of policy of the Highway Relo­
cation Amendments, 23 U.S.C. §501.

 ̂Sec. 221(a). This contrasts with earlier versions of the statute 
which delayed enactment for one year, (H.R. 14898, 91st Cong., 
1st Sess., §204 (1969)), or one himdred and eighty days. (S. 1, 
91st Cong. 1st Sess. §253 (a) (1969)), and indicates recognition 
of the urgency of the problem.

‘ Sec. 220(a) (10) and (11).
’ The monetary payments to displaeees are substantially in­

creased: moving expense allowances to $300 from $200, disloca­
tion allowance to $200 from $100: compare §202 (b) with 23 U.S.C. 
§505(b), replacement housing payment for homeowners to $15000 
from $5000, compare §203(a) (1)‘with 23 U.S.C. §506(a), and re­
placement housing payment to tenants to $4000 from $1500, com­
pare §204 with 23 U.S.C. §506 (b). A very important feature of 
the new law permits the federal agency to use a portion of the 
authorized funds for the project to provide housing for displaeees 
where existing housing is not adequate to meet their needs, §206(a). 
This provision makes applicable to all federal programs the au­
thorization contained in the Federal-Aid Highway Act of 1970, 
§117 (Br. App. 13-14; see Brief at 50-51 and 30 N. 71) enacted 
December 31, 1970, and repealed two days later by this Act.



1968 highway relocation amendments. Thus, instead of 
simply requiring “satisfactory assurances” from the State 
that replacement housing wiU he available before a project 
is approved, 23 U.S.C. §502, the new statute mandates 
that both the federal and state agencies develop during the 
planning stage of a project a “relocation assistance ad­
visory program” w'hich will determine the needs of those 
persons to be displaced and survey the existing housing 
available to meet those needs. §§205(c) and 210(2). In 
this manner, the new law makes the general concept of 
relocation planning, previously implied by the statute and 
required by regulation,® but not applied to the dislocation 
of petitioners for the technical reasons discussed in the 
main brief,® a matter of explicit statutory command. We 
submit that in doing this. Congress has expressly deter­
mined that prior planning is essential to the protection of 
the rights of displacees. Significantly, the Act specifically 
mandates that no displacee be required to move from his 
dwelling until the federal administrator is satisfied that 
appropriate replacement housing is available to him, 
§206(b).‘“ The statute by its terms protects all persons 
moved after its effective date, §101 (b). It is therefore ap­
plicable to all persons moved after January 2, 1971, on the 
well established principle that a change in the law occurring 
while an appeal is pending will be applied by an appellate 
court to any case where the rights of the parties are not 
already fixed. Thorpe v. Housing Authority, 393 U.S. 268

® See IM 80-1-68, F ,  Br. App. 25-27.
® Brief at 32-35.
“̂Br. App. 43-44. The Act has thus adopted the Departinont of 

Transportation regulation of April 10, 1970, promulgated while 
this case was pending before the Court of Appeals, which petition 
ers have argued, inter alia, required reversal of the district court'.s 
decision. See Brief at 35-37.



(1969), Bruner v. United States, 343 U.S. 112 (1957); Ex 
parte Collett, 337 U.S. 55 (1949); Frye v. Celebrezze, 365 
F. 2d 865 (4tiiCir. 1966).

While the Uniform Relocation Act repeals the relocation 
provisions of the Federal-Aid Highway Act, it specifically 
preserves all rights existing under the prior statute,^ and 
of course has no effect on the constitutional claim in this 
case—that the black and poor petitioners are denied equal 
protection by the state action of displacing them into a 
racially discriminatory housing market with a shortage of 
low cost housing.^ The claim made under the constitution 
and the former law remains applicable to the substantial 
number (over 200) of persons forced from their homes in 
the Triangle by the construction of Interstate 1-77—many 
into demonstrably inadequate housing. They will continue 
to be denied the assurance of decent replacement housing 
which Congress intended them to have under the 1968 Act, 
for the reasons, argued in the principle brief.

Any rights or liabilities now existing under prior Acts or por­
tions thereof shall not be affected by the repeal of such prior Acts 
or portions thereof under subsection (a) of this section.
Sec. 220(b).

Brief at 24-26.



CONCLUSION

For the foregoing reasons, and those discussed in the 
brief, the judgment below should be reversed and the case 
remanded with instructions that those of the petitioners 
already displaced be atforded the protections of the 1968 
law and those remaining be given the benefits contained 
in the Uniform Act.

Respectfully submitted.

J ack Gkeenbebg 
J ames M. Nabeit III 
Chables S tephen R alston 
E lizabeth B. D uB ois 
J effbt a . Mintz

10 Columbus Circle 
New York, New York 10019

J ohn L. B oettneb
1116-B Kanawha Blvd., E. 
Charleston, West Virginia 25301

A. A ndeew MacQueen III 
1026 Quarrier Street 
Charleston, West Virginia 25301

Attorneys for Petitioners

T homas J. O’S ullivan 
14 Wall Street 
New York, New York 10005

CuETis B eegee
Columbia University School of Law 
New York, New York

Of Counsel



APPENDIX



Public Law 91-646  
91st C o n g ress , S . 1 

January 2, 1971

a n a c t 64 STAT, 1894
To provide for miiforiu and equitable treatment of persona displaced from their 

homes, bnsinesses, or farms by Federal and federally assisted programs and 
to establish nniform and equitable laud acquisition policies for Federal and 
federally assisterl programs.

Be it enacted by the Senate and Home of Repregentatives of the 
United States of America in Congress assembled, That this Act may 
lie cited as the “Uniform Relocation Assistance and Real Projierty 
Acquisition Policies Act of 1970”.

TITLE I—GENERAL PROVISIONS 
S ec. 101. As used in this Act—
^1) The term “Federal agency” means any department, agency, 

or instrumentality in the executive branch of the Government (except 
the National Capital Housing Authority), any wholly owned Govern­
ment corporation (except the District of Columbia Redevelopment 
Land Agency), and the Architect of the Capitol, the Federal R ^ rv e  
banks and branches thereof.

(2) The term “State” means any of the several States of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, 
any territory or possession of the Lmited States, the Trust Territory 
of the Pacific Islands, and any political subdivision thereof.

(3) The term “State agency” means the National Cwiital Housing 
Authority, the District of Columbia Redevelopment Land Agency, 
and any department, agency, or instrumentality of a State or of a 
political subdivision of a State, or any department, agency, or instru­
mentality of two or more States or of two or more political subdivi­
sions of a State or States.

(4) The term “Federal financial assistance” meaiw a grant, loan, 
or contribution provided by the United States, except any Federal 
guarantee or insurance and any annual payment or capital loan to 
the District of Columbia.

(5) The term “person” means any individual, partnership, cor- 
jioration, or association.

(6) ITie term “displaced person” means any person who, on or 
after the effective date of this Act, moves from real property, or 
moves his personal property from real property, as a result of the 
acquisition of such real property, in whole or in part, or as the result 
of the written order of the acquiring agency to vacate real property, 
for a program or project undertaken by a Federal agency, or with 
Federal financial assistance; and solely for the purposes of ^ tio n s  
2t)2(a) and (b) and 205 of this title, as a result of tne acquisition of 
or as the result of the written order of the acquiring agency to vacate 
other real property, on which such person conducts a business or farm 
operation, for such program or project.

(7) The term “business” means any lawful activity, excepting a 
farm operation; conducted primarily—

(A) for the purchase, sale, lease and rental of personal and 
real property, and for the manufacture, processing, or marketing 
of piquets, commodities, or any other personal property;

(B) for the sale of services to the public;
(C) by a nonprofit organizatiwi; or
(D) solely for the purposes of section 202(a) of this title, for 

assisting in the purchase, sale, resale, manufacture, processing, or 
marketing of pr^ucts, commodities, personal property, or services 
by the erection and maintenance of an outdoor advertising display

ttalform  R a lo - 
o a tio n  A s s is t -  
ansa and Land 
A cq u is itio n  
P o lio ie s  Act 
o f 1970.

Definitions.



84 STAT. 1895
P ub. Law 9 1 -6 4 6 -  2 - January 2, 1971

or displays, whetlirr or not sucli display or displays are located on 
the premises on which any of the above activities are conducted.

(8) The term “farm oi>eration" means any activity conducted solely 
or primarily for the production of one or more agricultural jmxlurts or 
commodities, includinp timber, for sale or home use, and customarily 
producing such products or commodities in sufficient quantity to hie 
capable of contributing materially to the operator's support.

(9) The term “mortgage'' means such classes of liens as are com­
monly given to secure advances on, or the unpaid purchase price of, 
real property, under the laws of the State in which the real property 
is located, together with the credit instruments, if  any, secured thereby.

EITECT rrON* PROPERTT .\CQUI8IX10N

S ec . 102. (a) The provisions of section .301 of title III  of this Act 
create no rights or liabilities and shall not affect the validity of any 
property acquisitions by purchase or condemnation.

(b) Nothing in this Act shall be constnied as creating in any con­
demnation proceedings brought under the power of eminent domain, 
any element of value or of damage not in existence immediately prior 
to the date of enactment of this Act.

TITI.E  I I—UNIFORM  REIXICATION ASSISTANCE

DEri,.\R .\T IO N  or POUCY

S ec . -201. The purpose of this title is to establish a uniform policy 
for the fair and equitable treatment of persons displaced as a result 
of Federal and federally assisted programs in order that such persons 
shall not suffer disproportionate injuries as a result of programs 
designed for the benefit of the public as a whole.

MOVINO .VXD REIJkTED EXPENSES

S fxt. 202. (a) AVhenever the acquisition of real property for a pro­
gram or project undertaken by a Federal agency in any State will 
result in the displacement of any person on or after the effective date 
of this Act, the head of such agency shall make a payment to  any dis­
placed person, uix>n projier application as approved by such agency 
head, for—

(1) actual reasonable expenses in moving himself, his family, 
business, farm operation, or other personal property;

(2) actual direct losses of tangible personal property ns a result 
of moving or discontinuing a business or farm operation, but not 
to exceed an-amount equal to the reasonable expenses that would 
have been required to relocate such property, as determined by 
the head of the agency; and

(-3) actual reasonable expenses in searching for a replacement 
business or farm.

(b) Any displaced person eligible for payments under .subsection
(a) of this section who is displaced from a dwelling and who elects 
to accept the payments authorized by this sul>seotion in lieu of the pay­
ments authorized by subsection (a) of this section may receive a mov­
ing expense allowance, determined according to a schedule established 
by the head of the Fedentl agency, not to exceed $.300; and a dislocation 
Hilowance of $200.



January 2, 1971 - 3 - Pub, Law 91-646
84 STAT. 1896

(c) Any displaced person eligible for payments under subsection
(a) of this section wlio is displaced from his place of business or from 
his farm operation and who elects to accept the payment authorized 
by this subsection in lieu of the payment authorized by subsection (a) 
of this section, may receive a fixed payment in an amount equal to 
the average annual net earnings of the business or farm operation, 
except that such payment shall be not less than $2,500 nor more than 
$10,000. In the case of a business no payment shall be made under this 
subsection unless the head of the Federal agency is satisfied that the 
business (1) cannot be relocated without a substantial loss of its exist­
ing patronage, and (2) is not a part of a commercial enterprise having 
at least one other establishment not being acquired by the United 
States, which is engaged in the same or similar business. For purposes 
of this subsection, the term “average annual net earnings’’ means one- 
half of any net earnings of the business or farm operation, before 
Federal, State, and local income taxes, during the two taxable years 
immediately preceding the taxable year in w'hich such business or 
farm operation moves from the real property acquired for such project, 
or during such other period as the head of such agency determines to 
be more equitable for establishing such earnings, and includes any 
compensation paid by the business or farm operation to the owner, his 
sjxmse, or his dependents during such period.

REim.U'EMENT HOUSING FOR HOMEOW’NER

Sec. 20.3. (a )(1 ) In addition to payments otherwise authorized 
by this title, the head of the Federal agency shall make an additional 
payment not in excess of $15,000 to any displaced person who is dis­
placed from a dwelling actually owned and occupied by such displaced 
person for not less than one hundred and eighty days prior to the 
initiation of negotiations for the acquisition of the property. Such 
additional payment shall include the following elements:

(A) The amount, if  any, which when added to the acquisition cost 
of the dwelling acquired by the Federal agency, equals the reasonable 
cost of a comparable replacement dwelling which is a decent, safe, 
and sanitary dwelling adequate to accommodate such displaced person, 
reasonably accessible to public services and places of employment and 
available on the private market. All determinations required to carry 
out this subparagraph shall be made in accordance with standards 
established by the head of the Federal agency making the additional 
payment.

(B ) The amount, if any, which will compiensate such displaced 
jierson for any increased interest costs which such person is required 
to pay for financing the acquisition of any Such comparable replace­
ment dwelling. Such amount shall be paid only if the dwelling 
acquired by the Federal agency was encumbered by a bona fide 
mortgage which was a valid lien on such dwelling for not less than 
one hundred and eighty days prior to the initiation of negotiations 
for the acquisition of such dwelling. Such amount shall be equal to 
the excess in the aggregate interest and other debt service costs of 
that amount of the principal of the mortgage on the replacement 
dwelling which is equal to the unpaid balance of the mortgage on the 
acquired dwelling, over the remainder term of the mortgage on the 
acquired dwelling, reduced to discounted present value. The discount 
rate shall be the prevailing interest rate paid on savings deposits by 
commercial banks in the general area in which the replacement 
dwelling is located.



Pub. Law 91-646 - 4 - January 2, 1971

(C) Reasonable expanses incurred by such displaced person for 
evidence of title, recording fees, and other closing costs incident to 
the purchase of the replacement dwelling, but not including prepaid 
expenses.

(2) The additional payment authorized by this subsection shall be 
made only to such a displaced person who purchases and occupies a 
replacement dwelling which is decent, safe, and sanitary not l a ^  
than the end of the one year period beginning on the date on which 
he receives from the Federal agency final payment of all costs of the 
acquired dwelling, or on the date on which he moves from the acquired 
dwelling, whichever is the later date.

(b) The head of any Federal agency may, upon application by a 
mortgagee, insure any mortgage (including advances during con­
struction) on a comparable replacement dwelling executed by a 
displaced person assisted under this section, which mortgage is eligible 
for insurance under any Federal law administered by such agency 
notwithstanding any requirements under such law relating to i ^ ,  
physical condition, or other personal characteristics o i eligible 
mortgagors, and may make commitments for the insurance of such 
mortgage prior to the date of execution of the mortgage.

REPLACEMENT HOUSINQ POR TENANTS AND CERTAIN OTHERS

Sec. 204. In addition to amounts otherwise authorized by this title, 
the head of the Federal agency shall make a payment to or for any 
displaced person displacea from any dwelling not eligible to receive 
a payment under section 203 which dwelling was actually and lawfully 
occupied by such displaced person for not less than ninety days prior 
to the initiation of negotiations for acquisition of such dwelling. Such 
payment shall be either—

(1) the amount necessary to enable such displaced person to 
lease or rent for a period not to exceed four years, a decent, safe, 
and sanitary dwelling of standards adequate to accommodate such 
person in areas not generally less desirable in regard to public 
utilities and public and commercial facilities, and reastwiably 
accessible to his place of employment, but not to exceed $4,000, or

(2) the amount necessary to enable such person to make a down- 
payment (including incidental expenses described in section 
20 3 (a )(1 )(C )) on the purchase of a decent, safe, and sanitary 
dwelling of standards adequate to accommodate such person in 
areas not generally less desirable in regard to public utilities and 
public and commercial facilities, but not to exceed $4,000, except 
that if such amount exceeds $2,000, such person must equally match 
any such amount in excess of $2,000, in making the downpayment.

REI.OCATION ASSISTANCE ADVISORY SERVICES

S ec. 205. (a) Whenever the acquisition of real property for a pro­
gram or project undertaken by a Federal agency in any State will 
result in the displacement of any person on or after the effective date of 
this section, the head of such agency shall provide a relocation assist­
ance advisory program for displaced persons which shall offer the serv­
ices"3^nbea in subsection (c) of inis“Sclion. If such agency head 
determines that any person occupying property immediately adjacent 
to the real property acquired is caused substantial economic injury 
because of the acquisition, he may offer such person relocation advisory 
services under such program.



January 2, 1971 5 - Pub. Law 91-646
84 STAT. 1898

(b) Federal agencies administering programs which may be of 
assistance to displaced persons covered by tiiis Act shall cooperate to 
the maximum extent feasible with the Federal or State agency causing 
the displacement to assure that such displaced persons receive tlie 
maximum assistance available to them.

(c) Each relocation assistance advisory program required by sub­
section (a) of this section sliall include such measures, facilities, or 
^ n d ces as may be necessary or appropriate in order to --  ^

(1) determine the need, if any, of displaced persons, for reloca­
tion assistance;

(2 ) .-pr<»dde_current and continuing-information on the avail­
ability, prices, and rentals, of comparable decent, safe, and sani­
tary sales and rental housing, and of comparable commercial 
properties and locations for displaced businesses;

(3) assure, that, within a reasonable period of time, prior to 
displacerifent~tliere will be available in areas not generally less 
desirable in regard to public utilities and public and commercial 
facilities and at rents or prices within the financial means of the 
families and individuals displaced, decent, safe, and sanitary 
dwellings, as defined by such Federal agency head, equal in num- 
ber.tfl.jybie n u m b e r . a v a i l a b l e  to such displac^^^ 

jrequire such dwellings and reasonably acce^ible to'tKmr places of 
employment, except that the head of that Federal agency may pre- 
scl-ibe By” *regulation situations when such assurances may be 
waived;

(4) assist a displaced person displaced from his business or farm 
operation in obtaining and becoming established in a suitable 
replacement location;

(5) supply information concerning Federal and State housing 
programs, disaster loan programs, and other Federal or State 
programs offering assistance to displaced persons; and

(6J provide other advisory services to displaced persons in order 
to minimize hardships to such persons in adjusting to relocation.

(d) The heads of Federal agencies shall coordinate relocation activi­
ties with project work, and other planned or proposed governmental 
actions in the community or nearby areas which may affect the carry­
ing out of relocation assistance programs.

■
' J

HOUSING REPLACEMENT BY FEDERAL -AGENCY AS LAST RESORT

S ec. 206. (a) I f  a Federal project cannot proceed to actual construc­
tion because comparable replacement sale or rental housing is not 
available, and the head of the Federal agency determines that such 
housing cannot otherwise be made available he may take such action as 
is necessary or appropriate to provide such housing by use of funds 
authorized for such project.

(b) No person shall be required to move from his dwelling on or 
after the effective date of this title, on account of any Federal project, 
unless the Federal agency head is satisfied that replacement housing, 
in accordance with section 205(c) (3), is available to such person.

STATE REQUIRED TO FURNISH REAL PROPERTY INCIDENT TO FEDERAL 
ASSISTANCE "(LOCAL COOPERATION)

Sec. 207. Whenever real property is acquired by a State agency 
and furnished as a required contribution incident to a Federal pro­
gram or project, the Federal agency having authority over the pro-



Pub, Law 91-646 6 -
84 STAT. 1899

January 2, 1971

gram or project may not accept such proirerty unless such State agency 
has made all payments and providea all assistance and assurances, as 
are required of a State agency by sections 210 and 305 of this Act. Such 
State agency shall pay the cost of such r^uirements in the same 
manner and to the same extent as the real property acquired for such 
project, except that in the case of any real property acquisition or 
displacement occurring prior to July 1, 1972, such Federal a^ncy 
shall pay 100 per centum of the first $25,000 of the cost of prornding 
sitch payments and assistance.

STATE ACTING AS .VGENT FOR FEDERAL l>ROGR.\M

S ec. 208. Whenever real property is acquired by a State agency at 
the I'^uest of a Federal agency for a Federal program or projec^ such 
acquisition shall, for the purposes of this Act, be (^m ed an acquisition 
by the Federal agency having authority over such program or project.

v r a i j c  WORKS f r o g r a m s  . \ n d  p r o j e c t s  o f  t h e  g o v e r n m e n t  o p  t h e
DISTRICT OF COLCMBLC -IXD OF TH E WASHINGTON METROPOLITAN AREA
TRANSIT A U T H O R m r

Sec. 209. Whenever real pi-operty is acquired by the govenunent of 
the District of Columbia or the Washington Metropolitan Area Tran­
sit Authority for a program or project which is not subject to sections 
210 and 211 of this title, and such acquisition will result in the displace­
ment of any person on or after the effective date of this Act, the Com­
missioner of the District of Columbia or the Washington Metropolitan 
Area Transit Authority, as the case may be, sliall make all relocation 
pay malts and provide all assistance required of a Federal agency 
by this Act. 11 nenever real proMrty is acquired for such a program 
or project on or after such effective date, such Commissioner or 
Autnority, as the case may be, shall make all payments and meet all 
requirements prescribed for a Federal agency by title III of this Act.

RKOLTREMENTS FOR RELOC.\TION PAYMENTS -VND -ASSISTANCE OF FEDER- 
AIJ.Y ASSISTED PROGRAM ; AS8UR.ANCFK OF A V A IL .\m iJT T  OF HOYSINO

S e c . 210. Notwithstanding any other law, the head of a Federal 
agency shall not approve anjrgrant to, or contract or agreement with, 
a State agency, under which Federal financial assistance will be avail­
able to pay all or part of the cost of any program oi' project which 
will result in the displacement of any {lerson on or after the effective 
date of this title, unless he receives satisfactory assurances from 
such State agency that—

(1) fair and reasonable relocation payments and assistance 
shall be provided to or for displaced jiersons, as are required to be 
providea by a Federal agency under sections 202,203, and 204 of 
this title;

(2) relocation assistance programs offering the services 
described in section 205 shall be provided to such displaced 
persons;

(3) within a I'easonable period of time prior to displacement, 
decent, safe, and sanitary replacement dwellings will be available 
to displaced persons in accordance with section 205(c)(3).



January 2, 1971 - 7 - Pub. Law 91-646
84 STAT. 1900

FEDERAL SHARE OF COSTS

S e c . 211. (a) The cost to a State agency of providing payments 
and assistance pursuant to sections 2W, 210, 215, and sSo, shall Ixi 
included as part of the cost of a program or project for which Federal 
financial assistance is available to such State agency, and such State 
agency shall be eligible for Federal financial assistance with respect 
to such payments and assistance in the same manner and to the same 
extent as other program or project costs, except that, notwithstand­
ing any other law in the case where the Federal financial assistance 
is Dy grant or contribution the Federal agency shall pay the full 
amount of the first $25,000 of the cost to a State agency of providing 
jrayments and assistance for a displaced person under sections 206, 
210, 215, and 305, on account of any acquisition or displacement 
occurring prior to July 1, 1972, and in any case where such Federal 
financial assistance is by loan, the Federal agency shall loan such 
State agency the full amount of the first $25,000 of such cost.

(b) No payment or assistance under section 210 or 305 shall be 
required or included as a program or project cost under this section, 
if  the displaced person receives a payment required by the State law of 
eminent domain which is determined by such Federal agency head to 
have substantially the same purpose and effect as such payment under 
this section, and to be part o f the cost of the program or project for 
which Federal financial assistance is available,

(c) Any grant to, or contract or agreement with, a State agency 
executed before the effective date of this title, under which Federal 
financial assistance is available to pay all or part of the cost of any 
program or project which will result in the displacement of any person 
on or after the effective date of this Act, shall be amended to include 
the cost of providing payments and services under sections 210 and 
305. I f  the head of a Federal agency determines that it is necessary 
for the expeditious completion of a program or project he may advance 
to the State agency the Federal share of the cost of any payments 
or assistance by such State agency pursuant to sections 206, 210, 215, 
and 305.

ADMINISTRATION----RELOCATION ASSISTANCE IN PROGRAMS RECEIVING
FEDERAL FINANCIAL ASSISTANCE

S ec . 212. In order to prevent unnecessary expenses and duplica­
tions of functions, and to promote uniform and effective administni- 
tion of relocation assistance programs for displaced persons under 
sections 206, 210, and 215 of this title, a State agency may enter into 
contracts with any individual, firm, association, or corporation for 
services in connection with such programs, or may carry out its func­
tions under this title through any Federal or State governmental 
agency or instrumentality having an established organization for con- 
dut^ing relocation assistance programs. Such State agency shall, in 
carrying out the relocation assistance activities described in section 
206, whenever practicable, utilize the services of State or local hous­
ing agencies, or other agencies having experience in the administra­
tion or conduct of similar housing assistance activities.

REGULATIONS AND PROCEDURES

S ec. 213. (a) In order to promote uniform and effective adminis­
tration of relocation assistance and land acquisition of State or local 
housing agencies, or other agencies having programs or projects by



Pub. Law 91-6 4 6 -  8 -
84 STAT. 1901

January 2, 1971

Federal agencies or programs or projects by State agencies receiving 
Federal financial assistance, the heads of Federal agencies shall con­
sult together on the establishment of regulations and procedui-es for 
the implementation of such programs.

(b) The head of each Federal agency is authorized to establish 
such regulations and procedures as he may determine to be necessary 
to assure—

(1) that the payments and assistance authorized by this Act 
shall be administered in a manner which is fair and reasonable, 
and as uniform as practicable;

(■2) that a displaced person who makes proper application 
for a payment authorizea for such pierson by this title shall be 
paid promptly after a move or, in hardship cases, be paid in 
advance; and

(3) that any jierson aggrieved by a determinatifm as to eligibil­
ity for a payment authorized by this Act, or the amount of a 
payment, may have his application reviewed by the head of the 
Federal agency having authority over the applicable program 
or project, or in the case of a program or project receiving Federal 
financial assistance, by the head of the State agency.

(c) The head of each Federal agency may prescribe such other 
regulations and procedures, consistent with the provisions of this 
-\ct, as he deems necessary or appropriate to carry out this Act.

.\NNI-.AI. REPORT

P ra s id a n t ia l  Sec. 214. The head of each Federal agency shall prepare and submit 
report to '*11 annual report to the President on the activities of such agency
Oongraaa. with respect to the programs and policies established or authorized

by this Act, and the President shall submit such reports to the Con­
gress not later than January 15 of each year, beginning January 15, 
1972, and ending January 15, 1975, together with his comments or 
recommendations. Such reports shall give special attentiem to:
(1) the effectiveness of the provisions of this Act assuring the avail­
ability of comparable replacement housing, which is decent, safe, 
and sanitary, for displaced homeowners and tenants; (2) actions 
taken by the agency to achieve the objectives of the policies of Con­
gress, declared in this Act, to provide uniform and equal treatment, 
to the greatest extent practicable, for all persons displaced by, or 
having real property taken for. Federal or federally assisted pro­
grams; (3) the views of the Federal agency head on the progress 
made to achieve such objectives in the various programs conducted 
or administered by such agency, and among the Federal agencies;
(4) any indicated effects of such programs and policies on the pub­
lic; and (5) any recommendations he may have for further improve­
ments in relocation assistance and land acquisition programs, poli­
cies, and implementing laws and regulations.

PI.AXNIXO AND OTHER PREl.IMIXARY EXPENSES FOR ADDITlOXAL HOUSING

S ec . 215. In order to encourage and facilitate the construction or 
rehabilitation of housing to meet the needs of displaced persons who 
are displaced from dwellings because of any Federal or Federal finan­
cially assisted project, the head of the Federal agency adminis­
tering such project is authorized to make loans as a part of the cost 
of any such project, or to apjirove loans as a part of the cost of any 
such project receiving Federal fiancial assistance, to nonprofit, limited



January 2, 1971 - 9 - Pub. Law 91-646
B4 STAT. 1902

dividend, or coo^rative organizations or to public bodies, for neces­
sary and reasonable expenses, prior to construction, for planning and 
obtaining federally insured mortgage financing for the relhabilitation 
or construction of housing for such displaced persons. Notwithstand­
ing the preceding sentence, or any other law, such loans shall be avail­
able for not to exceed 80 per centum of the reasonable costs expected 
to be incurred in planning, and in obtaining financing for, such hous­
ing, prior to the availability of such financing, including, but not 
l im it s  to, preliminary surveys and analyses of market needs, pre­
liminary site engineering, preliminary architectural fees, site acquisi­
tion, application and mortgage commitment fees, and construction loan 
fees and discounts. Ixians to an organization establislied for prefit 
shall bear interest at a market rate established by the head of sudi 
Federal agency. All other loons shall be without interest. Such Federal 
agency head snail require repayment of loans made under tliis section, 
under such terms and conditions as he may require, upon completion 
of the project or sooner, and except in the case of a loan to an organiza­
tion established for profit, may cancel any |>art or all of a loan if  he 
determines that a permanent loan to finance the rehabilitation or the 
construction of such housing cannot be obtained in an amount adequate 
for repayment of such loan. Upon repayment of any sucli loan, the 
Federal share of the sum repaid ^ a ll be credited to the account from 
which such loan was made, unless the Secretary of the Treasury deter­
mines that such account is no longer in existence in which case such 
sum shall be returned to the Treasury and (credited to miscellaneous 
receipts.

PAYMENTS NOT TO BE CONSIDERED AS INCOME

S e c . 216. No payment received under this title shall be considered as 
income for the purposes of the Internal Revenue Code of 1954; or for 
the purposes of determining the eligibility or the extent of eligibility 
of any person for assistance under the Social Security Act or any other 
Federal law.

DISPLACEMENT BY CODE ENFORCEMENT, REHABILITATION, AND DEMOLITION 
PROGRAMS RECEIVING FEDERAL ASSISTANCE

S e c . 217. A person who moves or discontinues his business, or moves 
other personal property, or moves from his dwelling on or after the 
eflfective date of this Act, as a direct result of any project or program 
which receives Federal financial assistance under title I o f the Housing 
Act of 1949, as amended, or as a result of carryingout a comprehensive 
city demonstration program under title I o f the Demonstration Cities 
and Metropolitan Development Act of 1966 shall, for the purposes of 
this title, te  deemed to have been displaced as the result o f the acquisi­
tion of real property.

TRANSFERS OF SURPLUS PROPERTY

S e c . 218. The Administrator of Gfeneral Services is authorized to 
transfer to a State agency for the purpose of providing replacement 
housing required by this title, any real property surplus to the needs of 
the United States within the meaning of the Federal Property and 
-4.dministrative Services Act of 1949, as amended. Such transfer shall 
be subject to such terms and conditions as the Administrator deter­
mines necessary to protect the interests of the United States and may 
lie made without monetary consideration, except that such State agency 
shall pay to the United States all amounts received by such agency 
from any sale, lease, or other disposition of such property for such 
housing.

66A S t a t .  3. 
26 use  1
e t  »eq .
49 S t a t ,  620. 
42 use 1305.

63 S t a t .  414; 
68 S t a t .  622. 
42 use 1450 
e t  aeq .
80 S t a t .  1255. 
42 use 3301 
n o te .

63 S t a t .  377. 
40 use 471 
n o te .



Pub. Law 91-6 4 6 -  10 - January 2, 1971
84 STAT. 1903

I5I5VL.iCEMENT B y A SPECIFIC PKOGRAJI

Sec. 219. Notwithstanding any other provision of this title, a 
person—

(1) who moves or discontinues his business, moves other per­
sonal property, or moves from his dwelling on or after January 1, 
1969, and before the 90th day after the date of enactment of 
this -\ct as the result of the contemplated demolition of struc­
tures or the construction of improvements on real property 
acquired, in whole or in part, by a Federal agency within the 
area in New York, New York, bounded by I.iexmgton and Third 
Avenues and 31st and .32d Streets; and

(2) who has lived on, or conducted a business on, such real 
property for at least one year prior to the date of enactment of 
this A ct;

may be considered a displaced person for purposes of sections 202 (a) 
and (b ), 204, and 205 o f this title, by the head of the agency acquiring 
the real property if—

(A ) the head of the agency determines that such person has 
suffered undue hardship as the result of displacement from the 
real proper^; and

(B ) tl*  Federal Government acuuired and held such property 
for at least five years prior to the date of enactment of this Act.

72 152.

76 S t » t .  364. 
76 S t » t .  5 U .

76 S t » t .  305. 
78 S v » t,  788.

78 5 - ta t. 795.

79 S t » t .  486 .

80 S t a t .  1259. 
82 S ta . t .  830. 
23 u se  501.
82 S t a t ,  835. 
23 use  501 
not«> 510 
n o t* .

Sec. 220. (a) The following laws and parts of laws are hereby 
repealed;

(1) The Act entitled “An Act to authorize the Secretary of the 
Interior to reimburse owners of lands required for development under 
his jurisdiction for their moviM expenses, and for other purposes,” 
approved May 29, 1958 (43 U .^C . 1231-1234).

(2) Paragraph 14 of-section 203(b) of the National Aeronautics 
and Space .\ct of 1958 (42 U.S.C. 2473).

(3) Section 2680 of title 10, United ^ « tes Code.
(4) Section 7(b) of the Urban Mass Transportation -\ct of 1965 

(49U.S.C. 1606(b)).
(5) Section 114 of the Hoosiug Act of 1949 (42 U.S.C. 1465).
(6) Paragraphs (7 )(b )( iii)  luid (8) o f section 15 of the T7nited 

States Housing .Act of 1^ 7  (42 U.S.C. 1415, 1415(8)), except the 
first sentence of paragraph (8).

t») Section 2 of the Act entitled “.An .Act to authorize the Commis- 
sioDers of the Dstrict of Columbia to pay relocation coats made nec­
essary by actkns of the District o f Columbia government, and for 
other purposes", approved October 6,1964 (78 St at. 1004; Public I jaw 

P.C. Code .V729>.
(8) SectioB 404 of the Hou»ng and Urban Development Act of 

1965 ( 42 U.S.C. » 7 4 ) .
(9) Sections 107 (b) and (c) of the Demonstration Cities and 

Metropolitan Development .Act of 1966 (42 U.S.C. 3307).
(10) CTiapter 5 of title 23, United States Code,
(11) Sections 32 and 33 of the Federal-Aid Highway Act of 1968 

(Public Law 90-495).
(b) Any rights or liabilities now existing under prior Acts or por­

tions thereof shall not be affected by the repeal of such prior Acte or 
portions thereof under subsection (a) of this section.



January 2, 1971 -  11 Pub. Law 91-646
84 STAT, 1904

EFFECTIVE DATE

S ec . 221. (a) Except as provided in subsections (b) and (c) of this 
section, this Act and the amendments made by this Act shall take 
effect on the date of its enactment.

(b) Until July 1,1972, sections 210 and 305 shall be applicable to a 
State only to the extent that such State is able under its laws to comply 
with such sections. After July 1,1972, such sections shall be completely 
applicable to all States.

(c) The repeals made by paragraphs (4), (5), (6), (8), (9), (10), 
(11), and (12) of section 220(a) of this title and section 30(3 of title III  
shall not apply to any State so long as sections 210 and 305 are not 
applicable in such State.

TITLE III—UNIFORM REAL PROPERTY ACQUISITION
POLICY

UNIFORM POLICY ON REAL PROPERTY ACQUISITION PRACTICES

Sec. 301. In order to encourage and expedite the acq^uisition of real 
property by agreements with owners, to avoid litigation and relieve 
congestion in the courts, to assure consistent treatment for owners in 
the many Federal programs, and to promote public confidence in Fed­
eral land acquisition practices, heads of Federal agencies shall, to the 
greatest extent practicable, be guided by the following policies:

(1) The head of a Federal agency shall make every reasonable effort 
to acquire expeditiously real property by negotiation.

(2) Real property shall be appraised before the initiation of negotia­
tions, and the owner or his designated representative shall be given an 
opportunity to accompany the appraiser during his inspection of the 
property.

(3) Before the initiation of negotiations for real property, the 
head of the Federal agency concerned shall establish an amount which 
he believes to be just compensation therefor and shall make a prompt 
offer to acquire the property for the full amount so established. In no 
event shall such amount be less than the agency’s approved appraisal 
of the fair market value of such property. Any decrease or in cr e^  
in the fair market value of real property prior to the date of valuation 
caused by the public improvement for which such property is acquired, 
or by the likelihood that the property would be acquired for such 
improvement, other than that due to physical deterioration within the 
reasonable control of the owner, will be disregarded in determining 
the compensation for the property. The head of the Fenleral agracy 
concerned shall provide the owner of real property to lie acquired 
with a written statement of, and summary of the Imsis for, the amount 
he established as just compensation. Where appropriate the just coni- 
jiensation for the real property acquired and tor damages to remain 
ing real property shall be separately stated.

(4) No owner shall be required to surnMuler iHvsses.siou o f  real 
property before the head of the Federal a g e n c y  I 'o m v r m a l  (vays t h e  
agreed purchase price, or deposits with t h e  c o u r t  in  a c c o n la tu 'c ' w i th  
section 1 of the Act of February 2(3, 1931 (4tl .Stiit. 1421; 40 I' .S.l'. 
258a), for the benefit of the owner, an a m o u n t  n o t l e s t  t h a n  th e  agency'a 
approved appraisal of the fair market v a lu e  of a n c li |) i - o |)e r (y ,  o r  t h e  
amount of the award of c o n q ie n H a tio n  in the , c o n d e m n a l  io n  pi'ca’eedmg 
for such property.



84 STAT. 1905
Pub. Law 91-646 - 12 - January 2, 1971

(5) The constructicm or development of a public improvement 
shall be so scheduled that, to the greatest extent practicable, no person 
law^lly occupying real property shall be required to move from a 
dwelling (assiuning a replacement dwelling as required by title I I  will 
be available), or to move his business or farm operation, without 
at least ninety days’ written notice from the head of the Federal 
agency concerned, of the date by which such move is required.

(6) If  the head of a Federal agency permits an owner or tenant 
to occupy the real property acquired on a rental basis for a short term 
or for a period subject to termination by the Government on short 
notice, tlie amount of rent required shall not exceed the fair rental 
value of the property to a short-term occupier.

(7) In no event shall the head of a Federal agency either advance 
the time of condemnation, or defer negotiations or condemnation 
and the deposit of funds in court for the use of the owner, or take 
any other action coercive in nature, in order to compel an agreement 
on the price to be paid for the property.

(8) If  any interest in real property is to be acquired by exercise 
of the power of eminent domain, the Head of the F ^eral agency con­
cerned shall institute formal condemnation proceedings. No Federal 
agency head shall intentionally make it necessary for an owner to 
institute legal proceedings to prove the fact of the taking of his real 
properyr.

19} If  ti-ie acquisition of only part of a property would leave its 
owner with an unecnaomic remnant, the head of the Federal agency 
concerned shall offer to acquire the entire property.

a tn m u iffii. s r a r r c m i s .  asto iM P a o v n o jr r s

a Xotaritnatanding any other provisioii of law, if the 
of a Fe»^ra. agency acquires any interest in real propertv in aav 

-Ttate. .'jt v-ii.'re at joim. an eqiil interest in all buildin|^ stroc- 
t*.*ea. or mprvr«neii.ta located upon the read property so
acjvv.rsji ne rwriires to be removed from such real propertr
or wiyj, detennnue* will be adversely affected by the use to which 
wet. .-ea; property w.li be pot.

(b j (1 j For t i i  purpose of determining the just compensation to be 
f*id fw any kmilding, rt-roeture, or other improvement required to be 
a'jqu,.-ed by mtaerXion (a j of this sectKui, such building, structure, or 
other improvement shall be demaed to be a part of the real propertv to 
be acquired aotwithAanding the right or obligation of a tenant^ as 

owner of any other interest in the real property, to remove 
•oA  g ilding, stroctore, or improvement at the expiration of his term,

JHAriMit ’ra]iK which such building, ^ructure, or improve- 
ment contributes to the fair market value of the real property to be 
acquired, or the fair market value of such building, structure, or 
improvement for removal from the real property, v^ichever is the 
greaUr, shall be paid to the tenant therefor.

12) Payment under this subsection shall not result in duplication of 
any payriMnU ^herwise authorized by law. No such payment shall be 
made unlese the owner of t)ie land involved disclaims all interest 
m the improvements of the tenant. In consideration for any such 
paynr^n^ t ^  tenant shall assign, transfer, and release to the United 
„  hia nght, title, and interest in and to such improvements.
Nothing m this subsection shall be construed to deprive the tenant 
of any n ^ t s  to reject payment under this subsection and to obtain 
paymrnt fw such property interests in accordance with applicable 
law, other than this subsection.



January 2, 1971 - 13 Pub. Law 91-646
84 STAT. 1906

EXPEXSKS IXCIDENTAL TO TR.VNSFER OF TITLE TO UNITED STATES

S ec. 303. The head of a Federal agency^ as soon as practicable 
after the date of payment of the purchase price or the date of deposit 
in court of funds to satisfy the award of compensation in a condem­
nation proceeding to acquire real property, wnichever is the earlier, 
sliall reimburse the owner, to the extent the head of such agency 
deems fair and reasonable, for expenses he necessarily incurred for—

(1) lecording fees, transfer taxes^ and similar expenses inci­
dental to conveying such real property to the United States;

(2) jienalty costs for prepayment of any preexisting recorded 
mortgage entered into in good faith encumbering such real prop­
erty; and

(3) the pro rata portion of real property taxes paid which are 
allocable to a period subsequent to the date of vesting title in the 
United States, or the etfective date of possession of such real 
property by the United States, whichever is the earlier.

LITIGATION e x p e n s e s

S ec. 304. (a) Tlie Federal court having jurisdiction of a proceeding 
instituted by a Federal agency to acquire real property by condenma- 
tion shall award the owner of any right, or title to, or interest in, such 
real property such sum as will in the opinion of the court reiinbui’se 
such owner for his reasonable costs, disbursements, and expenses, 
including reasonable attorney, appraisal, and engineering fees, actually 
incurred Decause of t he condemnat ion proceedings, if—

(1) the final judgment is that the Federal agency cannot acquire 
the real property by condemnation; or

(2) the proceeding is abandoned by the United States.
(b) Any awai-d made pursuant to subsection (a) of this section 

shall be paid by the head of the Federal agency for whose benefit the 
condemnation proceedings was instituted.

(c) The court rendering a judgment for the plaintiff in a proceeding 
brought under section lM 6(a) (2) or 1491 of title 28, United S ta t«
Code, awarding compensation for the taking of proiierty by a Federal 62 stat 
agency, or the Attorney General effecting a settlement of any such P
proceeding, shall determine and award or allow to such plaintiff, as 
a part of such judgment or settlement, sudi sum as will in the opinion 
or the court or the Attorney General reimburse pich plaintiff for his 
reasonable costs, disbursements, and expenses, inchming reasonable 
attorney, apiiraisal, and engineering fees, actually incurred because 
of such proceeding.

r e q u ib e m e n t s  f o r  u n i f o r m  l a n d  a c q u is i t i o n  r o i . i r i E s ;  p a y m e n t s  o f
EXPENSES INCIDENTAL TO TRANSFER OF REAI. PROPERTY TO STATE; PAY­
MENT OF LITIGATION EXPENSES IN  CIOITAIN CAHFR

S ec. .305. Xotwithstanding any other law, the licad of a Ftaleiwl 
agency shall not approve any program or pnijw't or any ui-aiit to, or 
contract or agreement with, a State agency iiiufer which Federal lluau 
cial assistance will be available to pay all or pait of the inwt of aiv> 
program or project which will result in the iic^iiiisllion of ival po'jawt v 
on and after the effective date of this title, nnlesfl lie iweii eo i»al iofac 
tory assurances from such State agency that,

(1) in acquiring real f/roperty it will Iŝ  guided, to the giwati'al 
extent practicable under .State law, by the land niM|iii>iitlim poltcUw 
in section 301 and the provisions of section -'102, and

9331
____  449.
68 S t a t .  1241,



Pub. Law 91-6 4 6 - 14 .
84 STAT. 1907

Janviary 2, 1971

79 S -to t. 485. 
82 S t a t .  836. 
74 S t a t .  502.

(2) proijerty owners will be paid or reimbursed for necessary 
exiienses as specified in sections 303 and 304.

8EPEAI.8

Sec. 306. Sections 401,40^ and 403 of the Housing and Urban Devel- 
mmieiit Act of 1965 (42 U.S.C. 3071-3073), section 35(a) of the 
Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of 
the Land Acquisition Policy Act of 1960 (33 U.S.C. 596) are hereby 
repealed. Any rights or liabilities now existing under prior Acts or 
portions thereof ^ a ll not be affected by the repeal of such prior Act or 
portions thereof under this section.

A pproved January 2 , 1971

(Comm, on P u b lia  W orks).
(coBB. on ConramMiit Opsratlons),

U (g S U n V E  mSTORYi

HOUSE REPORT No. 91-1656 
SEIUTE REPORT No. 91-488 
CONOIESSIONAL RECORD)

T o l. 115 (1969): O et. 23, 27 oonalderod aixi passod S a n a te .
V o l. 116 ( l9 7 0 ) :  D«o. 7 , oonsldarod  and passad  Houaa, anandad.

Dao. 17, Sanata  ag raad  t o  Housa a n n d a a n ta  s l t h  
aaanckiianta.

Dao. 18, Housa oonourrad  In  Sanata  am anikiants.

o



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