Handling Tenant-Owned Improvements in the Realty/Personalty Report in the Agency’s Appraisal

Often, there is confusion about items of realty that are purchased as part of the real estate and items of personalty that will not be acquired, but moved/relocated under the relocation assistance program.

49 CFR 24.103(a)(1) and (a)(2)(i), including related Appendix A language of the 2005 Uniform Act (URA) implementing regulations were created to clearly identify and categorize these two classes of items.

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Cemetery Relocation Process

The relocation of a cemetery or private graves is a matter regulated by State law as opposed to the Uniform Act (PL91-646). However, some of the provisions of the Act assist us in formulating a reasonable policy to use when affecting a cemetery. The following material is very general, and should be tempered by the requirements of your specific State law.

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Deviating From the Requirements of the Uniform Act and 49 CFR, Part 24, Through the Use of Waivers

Unlike the URA provisions, which cannot be waived, the Federal Regulations do contain a waiver provision at 49 CFR § 24.7:

§24.7 Federal Agency waiver of regulations.

The Federal Agency funding the project may waive any requirement in this part not required by law if it determines that the waiver does not reduce any assistance or protection provided to an owner or displaced person under this part. Any request for a waiver shall be justified on a case-by-case basis.

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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