42 U.S.C. § 4652 — Buildings, structures, and improvements
submitted 55 years ago by Pub. L. 91-646 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 314 words · no verdicts yet
This section requires a Federal agency acquiring real property to also acquire certain buildings, structures, and improvements that must be removed or will be adversely affected. It sets rules for compensating a tenant for those improvements and for the tenant's rights concerning that payment.
(a) Regardless of any other law, if the head of a Federal agency* acquires any interest in real property in a State*, the agency head must acquire at least an equal interest in every building, structure, or other improvement on that property if the agency head requires it to be removed or decides that the property's use will adversely affect it. (b)(1) To determine the just compensation for a building, structure, or other improvement that subsection (a) requires the agency to acquire, the improvement must be treated as part of the real property being acquired. This is true even if the tenant has the right or duty, in relation to the owner* of another interest in the real property, to remove the improvement when the tenant's term ends. The tenant must be paid whichever is greater: the amount that the improvement's fair market value adds to the fair market value of the real property being acquired, or the improvement's fair market value for removal from the real property. (2) A payment under this subsection must not duplicate any payment otherwise authorized by law. No such payment may be made unless the owner of the land disclaims all interest in the tenant's improvements. In exchange for such a payment, the tenant must assign, transfer, and release to the United States all of the tenant's right, title, and interest in the improvements. This subsection must not be interpreted to take away the tenant's right to reject payment under this subsection and obtain payment for those property interests in accordance with applicable law other than this subsection.
Notwithstanding any other provision of law, if the head of a Federal agency* acquires any interest in real property in any State*, he shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which he requires to be removed from such real property or which he determines will be adversely affected by the use to which such real property will be put.
For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner* of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement 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, whichever is the greater, shall be paid to the tenant therefor.
Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the United States all his right, title, and interest in and to such improvements. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection.
Source credit: (Pub. L. 91–646, title III, § 302, Jan. 2, 1971, 84 Stat. 1905.)
- 1971Enacted · Pub. L. 91-646 · 84 Stat. 1905
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-646 on 1971-01-02.
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