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Title 42 — The Public Health and Welfare

Chapter 61 — Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs

§ 4655. Requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to State; payment of litigation expenses in certain cases

Statutory text

(a)

Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, an acquiring agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after , unless he receives satisfactory assurances from such acquiring agency that—

(1)

in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 4651 of this title and the provisions of section 4652 of this title, and

(2)

property owners will be paid or reimbursed for necessary expenses as specified in sections 4653 and 4654 of this title.

(b)

For purposes of this section, the term “acquiring agency” means—

(1)

a State agency (as defined in section 4601(3) of this title) which has the authority to acquire property by eminent domain under State law, and

(2)

a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

    Pub. L. 91–646 title III § 305 · 84 Stat. 1894

    Enacted · 42 U.S.C. § 4655

    Pub. L. 91–646, title III, § 305, Jan. 2, 1971, 84 Stat. 1906

    Source evidence

    Code source credit
    Pub. L. 91–646, title III, § 305, Jan. 2, 1971, 84 Stat. 1906

    Enacted provision · exact public law section
    Sec. 305. requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to state; payment of litigation expenses in certain cases Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, a State agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after the effective date of this title, unless he receives satisfactory assurances from such State agency that— (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 301 and the provisions of section 302, and (2) property owners will be paid or reimbursed for necessary expenses as specified in sections 308 and 304.

  2. Uniform Relocation Act Amendments of 1987

    Pub. L. 100–17 title IV § 417 · 101 Stat. 132

    1. Amended · 42 U.S.C. § 4655

      Pub. L. 100–17 designated existing provisions as subsec. (a)

    2. Substituted · 42 U.S.C. § 4655

      Pub. L. 100–17 substituted “an acquiring agency” for “a State agency”

    3. Substituted · 42 U.S.C. § 4655

      Pub. L. 100–17 substituted “such acquiring agency” for “such State agency”

    4. Added · 42 U.S.C. § 4655

      Pub. L. 100–17 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 100–17 designated existing provisions as subsec. (a), substituted “an acquiring agency” for “a State agency” and “such acquiring agency” for “such State agency”, and added subsec. (b).

    Enacted provision · exact public law section
    SEC. 417. ASSURANCES. Section 305 of the Uniform Act (42 U.S.C. 4655) is amended by inserting “(a)” after “Sec. 305.”, by striking out “a State agency” the first place it appears and inserting in lieu thereof “an acquiring agency”, by striking out “State agency” the second place it appears and inserting in lieu thereof “acquiring agency”, and by adding at the end thereof the following new subsection: “(b) For purposes of this section, the term ‘acquiring agency’ means— “(1) a State agency (as defined in section 101(3)) which has the authority to acquire property by eminent domain under State law, and “(2) a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.”.

    Effective date note
    Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under section 4601 of this title.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments

1987—Pub. L. 100–17 designated existing provisions as subsec. (a), substituted “an acquiring agency” for “a State agency” and “such acquiring agency” for “such State agency”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after , see section 418 of Pub. L. 100–17, set out as a note under section 4601 of this title.

Credits

1971–1987 · 2 acts
  1. 1971Pub. L. 91–646, title III, § 305, , 84 Stat. 1906
  2. 1987Pub. L. 100–17, title IV, § 417, , 101 Stat. 256.
Show as published

(Pub. L. 91–646, title III, § 305, , 84 Stat. 1906; Pub. L. 100–17, title IV, § 417, , 101 Stat. 256.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s4655