|
== The federal government's response to eminent domain issues == A series of provisions codified in 1971 to ensure fair treatment of those displaced by federally funded programs, federally assisted programs or state and local agencies receiving federal funds, the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (or "URA") is intended to make federal efforts to compensate these persons subjected to federal eminent domain efforts standard and uniform.〔(42 U.S.C. § 4601, ''et seq'' and implemented through 49 C.F.R. Part 24 )〕 The Act has since been amended at least three times.〔See http://www.fhwa.dot.gov/realestate/uafnl99.htm〕 On the Housing and Urban Development's (which may fund some of these displacement projects) website, the Act's essential objectives are listed, and they are as follows:
To be an eligible "displaced person," the Act sets forth factors for qualification:
Once found to be eligible under the URA, such a displaced person can receive a myriad of benefits, or compensation types. Importantly, instead of merely "market value," many property owners can obtain "replacement value" for their original property.〔See Nicole Stelle Garnett, ''() The Neglected Political Economy of Eminent Domain,'' 105 Mich. L. Rev. 101, 121 (2006).〕 Arguably, this goes above and beyond the Supreme Court's general standard that, under the Fifth Amendment's Just Compensation Clause, an owner need only be paid "fair market value" for their property.〔''United States v. 564.54 Acres of Land'', 441 U.S. 506 (1979).〕 The URA endeavors to achieve this replacement value through providing the displacees with actual moving expenses, including mortgage and closing costs. Businesses even get $10,000.00 in reestablishment expenses.〔''Id.'' and 42 U.S.C. §§ 4622, 4625〕 Displacees (not just owners, but lessees too) can also receive replacement advisory services to provide guidance in finding a new residence or business location. Not only that, but if such replacement housing is not readily available, the displacing body is authorized to do what is necessary to get such housing—including excess payments and even purchasing, rehabbing, or building a new dwelling for the dislocated owner.〔See Garnett, ''Neglected'' at 122 (citing to 42 U.S.C. § 4626 and 49 C.F.R. § 24.2, et seq.).〕 Subsidizing displacees under the URA can be very beneficial in some cases, to the extent that the Act will provide an owner with an improved living situation. There are provisions under the URA that may mandate furnishing a larger residence to the displacee. Further, stipends are supposed to max out at $22,500.00 for a homeowner to put toward buying a new home, yet there is evidence that more funds will be dispensed if necessary.〔''Id.''〕 The HUD website details all of the general requirements under the URA, including notice prerequisites, pre-negotiation appraisals, offers, payments prior to possession, etc.〔See http://www.hud.gov/offices/cpd/library/relocation/〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Uniform Relocation Assistance and Real Property Acquisition Act (1970)」の詳細全文を読む スポンサード リンク
|