MAP-21 Amendments to Uniform Act Now Effective

As many of you are aware, the Uniform Act was amended in July 2012 as a result of the Moving Ahead for Progress in the 21st Century Act (MAP-21).  Although the law passed over two years ago, these changes became effective October 1, 2014.

Summary of Amendments

• The maximum replacement housing payment for displaced homeowners is $31,000*
• The maximum replacement housing payment for displaced tenants is $7,200*
• The maximum nonresidential fixed payment (in-lieu of payment for business, etc. is $40,000
• The maximum business reestablishment expense payment is $25,000
• The length of occupancy requirement for homeowners was reduced from 180 days to 90 days before the initiation of negotiations
*These revised limits do not practically effect most displacements since displacing agencies currently have authority to pay higher amounts under the provisions of Housing of Last Resort, §24.404. 

The law also contains a provision for periodic inflation adjustments for some relocation benefits, such as reestablishment expenses and the nonresidential fixed payment, which will allow for revised payment amounts without a statutory change.

 You may read the full article by following this link to our 2014 Fall edition of the Acquirer.

Determining the Number of Businesses on a Parcel that are Eligible for a Nonresidential Fixed Payment

When handling business relocations, one of the problems an agent may encounter is determining the number of businesses located on one parcel that are entitled to a fixed payment. Guidance for the determination of the number of businesses is provided in 49 CFR 24.305(b) Determining the number of businesses.

Let’s take a look at an example encountered on a highway project in a western State.

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Real Estate Acquisition Management Plan (RAMP) required by the Federal Transit Administration (FTA)

A Real Estate Acquisition Management Plan is termed a "RAMP" by the Federal Transit Administration (FTA). It is a written document that details how a grantee (usually a local public agency) will administer the land acquisition program. The document is written by the local agency and must be approved by FTA before any acquisition work may begin.

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Innovative Financing for Highway Projects

Traditionally, most State highway agencies utilized a pay-as-you-go approach to financing their highway improvement programs. This means that they would analyze their expected total combination of both State and Federal funds in future years and determine
how they would allocate the monies to future projects.

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Reimbursement of Prepayment Penalty for Mortgages Associated with Acquisition of Property by an Agency

The prepayment penalty is six months interest which is a significant amount of money and changes the whole position of the Meister’s decision to sell their property. They are not pleased with the situation and they claim they were unaware of the prepayment clause in the mortgage. The Airport Authority’s attorney has also contacted you and said they don’t feel this is a payment the Airport should be responsible for. What do we do in this situation and who is responsible for the prepayment penalty on the mortgage?

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Current Open Positions

O. R. Colan Associates ensures nondiscrimination in all programs and activities in accordance with Title VI of the Civil Rights Act of 1964.

If you need more information or special assistance for persons with disabilities or limited English proficiency, contact Human Resources at (704) 944-1408